Published August 10, 2026 at 9:32 AM ET · Updated August 11, 2026 at 6:07 PM ET
Supreme Court to hear case of Catholic preschool excluded from Colorado program over LGBTQ policy
3 independent outlets are covering this story, first reported here by Supreme Court. Verification: Confirmed (how we verify). Every headline links to the original reporting.
The Supreme Court will hear a case involving a Catholic preschool that was excluded from a Colorado state program over the state's LGBTQ policy. The case concerns whether religious institutions can be denied access to state programs based on their beliefs.
Patriot Watch first flagged this story 1 d ago, when Supreme Court reported it. Coverage has since grown to 3 independent outlets, including 1 wire/mainstream feed. The most recent report came 3 hr ago from Daily Signal.
⚖ The Constitutional Angle
Trinity Lutheran held a state violates the Free Exercise Clause by denying a church a generally available grant solely for its religious character. Espinoza extended this to schools and Carson v. Makin rejected any status-versus-use distinction, so barring a school for how it exercises its faith is no different from barring it for being religious. Colorado excluding the preschool over its beliefs tests whether that line controls when the objection is to an LGBTQ policy.
Trinity Lutheran Church of Columbia v. Comer 582 U.S. 449 (2017)
Vote: 7-2
Missouri's policy of categorically disqualifying churches from an otherwise neutral, secular scrap-tire playground-resurfacing grant program solely because of religious character violates the Free Exercise Clause; denying a generally available public benefit because of religious identity triggers, and here fails, the most exacting scrutiny. Footnote 3 (not joined by Thomas and Gorsuch) said the case involved 'express discrimination based on religious identity with respect to playground resurfacing' and did not address religious uses of funding.
Espinoza v. Montana Department of Revenue 591 U.S. 464 (2020)
Vote: 5-4
Applying Montana's constitutional no-aid provision to bar religious schools (and families choosing them) from a generally available tax-credit scholarship program discriminates based on religious status, triggers strict scrutiny under Trinity Lutheran, and violates the Free Exercise Clause; a state need not subsidize private education, but once it does, it cannot disqualify schools solely because they are religious.
Carson v. Makin 596 U.S. 767 (2022)
Vote: 6-3
Maine's requirement that private schools be 'nonsectarian' to receive tuition assistance for students from districts without public secondary schools violates the Free Exercise Clause. The Court rejected the status/use distinction as a limit: 'the prohibition on status-based discrimination under the Free Exercise Clause is not a permission to engage in use-based discrimination.'
Precedent facts from the PW Law Library — primary-source verified & independently audited
