St. Mary Catholic Parish v. Roy Oral Argument Analysis

On Tuesday, the United States Supreme Court heard oral arguments in St. Mary Catholic Parish v. Roy. That case involves Colorado's universal preschool program's "equal opportunity mandate." To participate in the program, preschools must sign the mandate, which states that children will have an equal opportunity to enroll regardless of, among other things, sexual orientation. Catholic preschools sued Colorado, saying that they must be granted an exemption to the mandate because their enrollment decisions are based on their families accepting the Catholic church's teaching about gender and sexual orientation. Not granting an exemption, the school argues, would be unlawful religious discrimination. The case and arguments were fascinating, and I wrote more of an analysis of the arguments at the JURISTnews, but I wanted to highlight one part of the argument here. Justice Barrett asked the State of Colorado why it has the nondiscrimination mandate, wondering whether secular schools are…

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