The Supreme Court agreed Monday to hear a new religious rights case that could challenge a landmark 1990 decision.
Parents within the Catholic Archdiocese of Denver, which runs 34 preschools across Colorado’s capital city, have challenged a state mandate requiring church-affiliated preschools to admit children of same-sex couples in order to receive public funds. The church has claimed that the law oversteps its First Amendment rights, as it does not recognize same-sex relationships or transgender identities.
The legal precedent at stake was set during Employment Division v. Smith, in which the high court ruled that Oregon could deny unemployment benefits to a Native American fired for using peyote (a hallucinogenic plant illegal in the state), even though it was used for religious purposes.
Three of the court’s conservative justices have already said that the 1990 decision should be overturned, reported The Hill. The Supreme Court declined to directly take up that question, but is reportedly open to narrowing the precedent set nearly four decades ago.
Colorado’s mandate requires that preschools ensure “an equal opportunity to enroll and receive preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability.”
“The rulings below give hostile states a playbook for leveraging their vast and growing government funding programs to pressure religious schools and other ministries to abandon their religious practices or else be excluded from the arena,” the archdiocese’s lawyers at the Becket Fund for Religious Liberty wrote in court filings.
The Trump administration has already chimed in. Without hearing the preschools’ challenge, the admin filed an amicus brief in support of the church, urging the nation’s highest judiciary to take up the case. Trump officials wrote that the U.S. government holds a “substantial interest in the preservation of the free exercise of religion” and in the “enforcement of rules prohibiting discrimination by government funding recipients.”
It’s at least the second instance in which the ultra-conservative Supreme Court has agreed to hear a challenge to Colorado’s LGBTQ protections since Donald Trump returned to office. In March, the judiciary sided with a therapist who claimed that the state’s conversion therapy ban discriminated against her based on her views.
Justice Ketanji Brown Jackson was the lone dissenter, and wrote at the time that the majority’s opinion “could be ushering in an era of unprofessional and unsafe medical care administered by effectively unsupervised healthcare providers.”
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