On Tuesday, November 3, while most of us were glued to election returns, the U.S. Supreme Court heard two hours of arguments in a case that could shape whether LGBTQ+ families get equal access to publicly funded preschool. It's called St. Mary Catholic Parish v. Roy, and it started with a simple-sounding question in Colorado: can a preschool take state money while turning away children because their parents are gay, or because a child is trans?
We're paying attention because this is about who gets to belong in the places where kids first learn to belong. Queer and trans parents, Two-Spirit families, and LGBTQ+ people of faith are all part of our community. Here's what happened, what it could mean, and what you can do while we wait for a decision.
What Happened
Since 2023, Colorado has offered families 15 hours a week of free, publicly funded preschool, a program voters created through a 2020 ballot measure. Families can choose from more than 2,000 participating schools, including public, private, secular and religious ones. Every participating school agrees to give each child an equal opportunity to enroll, regardless of the sexual orientation or gender identity of the child or their parents.
The Archdiocese of Denver, which oversees 34 Catholic preschools, admits only families who support Church teaching on same-sex relationships and gender identity. The Archdiocese, St. Mary Catholic Parish in Littleton and two parish preschools, along with a Colorado family, sued, arguing that the equal-access rule burdens their religious exercise. They lost in federal district court, and the Tenth Circuit Court of Appeals ruled for Colorado in September 2025. The Supreme Court agreed to take the case in April 2026.
What Each Side Argued
The Catholic preschools, represented by the Becket Fund for Religious Liberty and backed by the Trump administration, say their admissions policy reflects sincere religious teaching about marriage and gender. They point out that Colorado already lets schools give priority to some groups, such as low-income children and children with disabilities, and argue that a religious exception should be allowed too. Their lawyer told the Court that letting them in would add seats for everyone. The schools also say their enrollment has dropped about 20% since the program began.
Colorado says its rule is neutral toward religion and applies the same way to every school that takes program money. Religious schools can keep and teach their beliefs, the state argues, but families are harmed when a child is turned away because of who they or their parents are. The state relies on a 1990 Supreme Court precedent, Employment Division v. Smith, which held that religious practice generally doesn't earn an exemption from laws that apply to everyone.
The justices appeared divided. Justice Kavanaugh described a "clash of rights" and asked why the dispute had reached the Court at all. Justice Kagan argued that earlier rulings protect religious schools from being treated worse, then asked: "Do you have to treat them better?" Justice Sotomayor asked whether a school could reject a child simply because the parents are a same-sex couple; the preschools' lawyer said yes, if it reflects sincere religious exercise. Justice Jackson asked whether the same logic could let schools exclude children by race; the Justice Department lawyer said such a claim would likely fail. Reuters and SCOTUSblog both reported that the conservative majority seemed inclined to side with the preschools.
What It Could Mean
Nothing changes yet. The lower-court rulings in Colorado's favor stand until the Supreme Court decides, which is expected by the end of its term in late June 2027.
If the Court rules for the preschools, the impact could reach well beyond Colorado. The Court has already sided with religious schools excluded from state aid programs in Maine and Montana. A ruling here could further narrow the Smith precedent and make it easier for religious organizations that receive public funds to seek exemptions from nondiscrimination rules, including those protecting LGBTQ+ people. If the Court rules for Colorado, states would keep more room to attach equal-access conditions to public money.
We believe public funds should serve every child, and that no preschooler should be turned away because of who their family is. We also respect that people of faith hold deep convictions, and many LGBTQ+ people are themselves people of faith. That's why this case is hard, and why it matters how the line gets drawn.
Who's Most Affected
- Children of LGBTQ+ parents, including children in families with two moms, two dads, nonbinary parents, or trans parents.
- Trans and gender-expansive kids, since Colorado's rule also covers a child's own gender identity.
- Rural families and families with few options. The Human Rights Campaign warns that where preschool choices are limited, an exclusion can mean no real choice at all.
- LGBTQ+ families of faith. Family Equality notes that many LGBTQ+ families, like other families, want faith-based schooling for their kids.
- Families who hide to get in. Advocates worry that some parents may feel pressure to conceal who they are just to secure a seat.
What You Can Do
- Follow the case from reliable sources. The Supreme Court docket (No. 25-581) and SCOTUSblog's case page will post the decision when it comes.
- Know your state's protections. Many education and nondiscrimination rules are written by state legislatures. Find your state lawmakers with Open States and your U.S. representative with the House's Find Your Representative tool. A short, kind, personal message about why equal access matters to your family goes a long way.
- Stay registered. The people you elect write education laws and confirm federal judges. Check your registration anytime at Vote.gov, whatever your views.
- Share your family's story, if it's safe for you. Family Equality helped bring LGBTQ+ family stories to the Court and offers storyteller training, family resources and virtual support groups.
- Support local LGBTQ+ family and youth groups. Volunteering, donating, or simply showing up for a queer parents' meetup builds the kind of community that outlasts any one ruling.
Taking Care of Yourself While You Wait
A case like this can land heavily, especially in a week already full of election news. If you're an LGBTQ+ parent, it's okay to feel angry, scared or worn out. A few things that help:
- Limit doomscrolling. A decision is months away. Pick one trusted source and check in occasionally.
- Talk it through with partner(s), friends or other queer parents who get it.
- Reach out if you need support. The 988 Suicide & Crisis Lifeline (call or text 988), the LGBT National Help Center at 888-843-4564, The Trevor Project for LGBTQ+ young people at 1-866-488-7386, and Trans Lifeline at 877-565-8860 are there for you.
The Takeaway
The Supreme Court is weighing whether religious preschools that take public money can turn away LGBTQ+ families. For now, Colorado's equal-access rule stands, and a decision is expected by summer 2027. Stay informed, know your rights, keep your voter registration current, and lean on your community. Every family deserves a seat at the little table.
Empower Pleasure doesn't endorse candidates. Updated as of November 7, 2026. Facts can change quickly, so check the linked sources for the latest.
Sources
- Whitehurst, L. & Kunzelman, M., Associated Press via PBS News (2026). Supreme Court hears case on Catholic preschools and LGBTQ families
- Kruzel, J., Reuters via GV Wire (2026). Supreme Court Leans Toward Catholic Preschools' Challenge to LGBT Protections
- Schimke, A., Chalkbeat Colorado (2026). Here's what the Supreme Court said during oral arguments in Colorado's Catholic preschool case
- Supreme Court of the United States (2026). Docket No. 25-581, St. Mary Catholic Parish v. Roy
- SCOTUSblog (2026). St. Mary Catholic Parish v. Roy
- Human Rights Campaign (2026). Supreme Court to Hear Oral Arguments in St. Mary Catholic Parish v. Roy
- Family Equality (2026). St. Mary v. Roy: Bringing LGBTQ+ Family Stories to the Supreme Court
Photo: Mizuno K / Pexels
