Commentary

St. Mary Catholic Parish v. Lisa Roy

St. Mary Catholic Parish v. Lisa Roy

Center for American Liberty Backs Petitioners in Supreme Court Fight Over Colorado’s Exclusion of Faith-Based Schools

The Center for American Liberty has filed an amicus brief with the U.S. Supreme Court in St. Mary Catholic Parish v. Roy, urging the Court to review a case that will shape the future of parental rights, religious liberty, and educational freedom nationwide. Colorado’s “universal preschool” program—marketed as expanding family choice—punishes faith-based schools unless they surrender core religious beliefs in their day-to-day operations.

Our brief explains that this structure violates the Free Exercise Clause and a century of precedent establishing that parents—not the State—hold the fundamental right to direct their children’s education. Colorado permits broad secular exemptions but refuses comparable religious accommodations, a model this Court has repeatedly struck down under LukumiFulton, and Tandon.

The consequences fall directly on families. Out of more than 2,000 participating preschools statewide, only about 40 are religious. Excluding faith-based providers shrinks options for parents, particularly in rural and low-income communities, undermining the very purpose of a “mixed delivery” system. As our brief demonstrates, limiting religious participation harms all families—not just religious ones—by reducing educational diversity.

If allowed to stand, the Tenth Circuit’s ruling gives states a roadmap to condition public benefits on ideological conformity, sidelining religious institutions and coercing parents into abandoning their beliefs. The Center for American Liberty is urging the Supreme Court to grant review and restore constitutional protections that safeguard parental authority, religious liberty, and equal participation in public programs.

St. Mary Catholic Parish v. Lisa Roy