Supreme Court Signals Support for Catholic Schools in LGBTQ+ Admissions Fight

The U.S. Supreme Court appeared ready to side with Catholic preschools in Colorado on November 3, 2026, as several conservative justices questioned whether the state can deny public funding to religious schools that require families to support church teachings on marriage, sexuality, and gender identity.

The dispute could allow Catholic schools to receive taxpayer funding while maintaining admissions policies that could exclude children from LGBTQ+ families. Justice Brett Kavanaugh questioned why Colorado had refused an exemption when more than 2,000 preschools participate in the state's universal preschool program.

"Just trying to figure out why we're here," Kavanaugh said, suggesting the state could accommodate religious schools while preserving educational options for LGBTQ+ families. He described the dispute as a clash between religious freedom and rights recognized for same-sex couples.

Colorado provides public funding for children to attend participating preschools, including private religious institutions. Schools receiving the money must offer equal enrollment opportunities regardless of characteristics, including religion, sexual orientation and gender identity.

The Archdiocese of Denver, which oversees 34 Catholic preschools, sought an exemption to maintain admissions policies requiring families to affirm Catholic teachings. Colorado refused, prompting a legal challenge by two Catholic parishes and families seeking to use state funding at their schools.

Justice Sonia Sotomayor pressed Nicholas Reaves, an attorney representing the Catholic schools, on whether their policies would permit rejecting children because their parents are gay.

Reaves said enrollment decisions are made individually and that all families, including Catholic families, must agree in good faith to the schools' statement of religious beliefs.

Sotomayor questioned why taxpayers should subsidize schools that reserve the right to exclude children based on their parents' relationships. She argued that parents should be able to choose whether to enroll their children in schools teaching religious beliefs they may reject.

Colorado Deputy Solicitor General Helen Norton defended the enrollment rules, arguing that other available preschools may lack the location, hours or space a family needs. The state seeks to guarantee equal access to participating institutions, she said, rather than simply provide alternative options.

Justice Elena Kagan questioned whether granting the exemption would give Catholic schools preferential treatment over other providers subject to the same requirements.

The Trump administration supported the schools. Justice Department attorney Sarah Harris argued that conditioning public benefits on compliance with rules that burden religious practice can violate the First Amendment's Free Exercise Clause.

Justice Ketanji Brown Jackson and Sotomayor questioned how broadly that reasoning could apply to other discrimination protections, including those involving race. The administration argued that the government's compelling interest in preventing racial discrimination could justify different restrictions.

The Catholic schools also challenged Colorado's system of enrollment preferences, which allows certain providers to prioritize children based on factors such as income or disability. Their attorneys argued that those allowances undermine the state's insistence on uniform admissions requirements.

Colorado maintained that those preferences help disadvantaged children access preschool and preserve equal enrollment opportunities.

The Supreme Court previously expanded religious schools' access to government education funding in Carson v. Makin, ruling in 2022 that Maine violated the First Amendment by excluding schools offering religious instruction from a tuition assistance program.

Colorado argues that its program permits religious instruction and requires all participating providers to follow the same nondiscrimination standards.

The Tenth Circuit Court of Appeals upheld Colorado's requirements in September 2025, leading the Catholic schools to seek Supreme Court review.

A ruling is expected by June 2027 and could determine how states enforce LGBTQ+ nondiscrimination protections at religious schools receiving public education funding.