The Supreme Court's conservative majority sounded likely on Tuesday to rule for the Archdiocese of Denver's preschools in St. Mary Catholic Parish v. Roy. Colorado barred the schools from its universal preschool program because they ask families to support Catholic teaching on marriage and sexuality.
"You agree, don't you, that Colorado could not say that Catholic schools or evangelical schools or Orthodox Jewish schools were excluded from participation in the UPK program?" Justice Amy Coney Barrett asked Colorado's deputy solicitor general, Helen Norton. "Then explain what the difference is between that and choosing to impose a condition that you know that those schools would be unable to agree to."
Justice Brett Kavanaugh asked, "Why not seek the win-win?" He noted that more than 2,000 preschools take part in the program and only 34 belong to the archdiocese. Justice Ketanji Brown Jackson said the schools want a "special rule" to turn families away, CBS News reports. The Trump administration backed the archdiocese. A ruling is expected by June.
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