Supreme Court Starts November Session with Key Religion-Education Cases

The Supreme Court heard arguments on two major religion-related education cases on Nov 3.

On November 3, 2026, the U.S. Supreme Court commenced its November term by hearing oral arguments in St. Mary Catholic Parish v. Roy, a case with significant implications for religious rights in education. The case questions whether Colorado's universal preschool program, which mandates nondiscrimination policies including protections for sexual orientation and gender identity, infringes upon the First Amendment's Free Exercise Clause as applied to religious preschools.

The plaintiffs, St. Mary Catholic Parish and Wellspring Catholic Academy, both located near Denver, sought exemptions from Colorado’s nondiscrimination requirements. They argue that admitting children of gay or transgender parents would violate their Catholic beliefs. This raises the issue of whether religious schools can maintain faith-based admissions policies while participating in publicly funded programs.

This case follows the Supreme Court’s landmark 2022 decision in Carson v. Makin, which held that religious schools cannot be excluded from publicly funded programs if secular private schools are allowed to participate. Legal experts note that if the preschools prevail, the state could be compelled to fund practices deemed discriminatory by some, according to Patrick Cremin from the Education Law Center.

Conversely, advocates for the religious schools emphasize that there is no evidence that families opposing Catholic teachings wish to enroll their children, as noted by Nick Reaves of The Becket Fund for Religious Liberty.

The Court's decision will clarify the boundaries of religious freedom in education and set precedent for how states can regulate religious institutions that receive public funding. Given that the Supreme Court's 2026 term started on October 5 and will continue through October 2027, the timing for a ruling in this case remains unknown.