Frequently Asked Questions

What you need to know about
St. Mary Catholic Parish v. Roy

What is Colorado’s universal preschool program?

Colorado’s so-called “universal” preschool program offers families 15 hours of free preschool per week—around $6,300 a year per child. Parents are allowed to choose from participating public or private preschools. 

Why are Catholic preschools being excluded?

Colorado has excluded Catholic preschools because they require all families to agree to support and uphold the teachings of the Catholic Church as a condition of enrollment. Colorado instead says that Catholic preschools must enroll whoever applies.

But at the same time, Colorado has allowed over 1,000 preschools in the state to limit who they enroll for secular reasons—including to prioritize serving certain communities, like preschools that serve kids with disabilities, low-income families, families receiving housing vouchers, and they even say they would include preschools that serve only LGBTQ families or kids of a particular race if they have faced historical discrimination. Colorado’s double standard makes clear that the real reason it is trying so hard to keep Catholic schools and families out is that it doesn’t like their religious beliefs.  

Are you asking for special treatment?

No—we’re asking for equal treatment. If Colorado is going to offer “universal” preschool funding to families, it cannot deny that funding to some families just because they chose a Catholic preschool. 

Why should public funds go to religious preschools?

The program gives families around $6,300 to use at the preschool of their choice. The program is thus not funding religious schools but instead helping families, who in turn choose the preschool they want to attend. The Constitution doesn’t allow Colorado to run a public benefit program while denying families the freedom to choose religious options. 

Can’t Colorado decide which preschools qualify for state funding?

The state may impose basic, religion-neutral licensing standards equally on all preschools. But the Supreme Court has repeatedly said that once a state creates a public funding program, it cannot use program requirements to exclude schools or families because of their religious exercise. 

Are you arguing that Colorado can’t enforce any UPK program requirements against religious preschools?

 Not at all. The problem is when eligibility rules are used as a pretext for excluding disfavored religious groups.