April 20, 2026
BECKET PRESS RELEASE
BREAKING: Supreme Court to decide whether Colorado can exclude Catholic families from “universal” preschool program
Justices grant review in St. Mary Catholic Parish v. Roy
For Immediate Release: April 20, 2026
Media Contact: Ryan Colby | media@becketfund.org | 202-349-7219
WASHINGTON – The Supreme Court today agreed to decide whether Colorado can continue excluding Catholic families and preschools from the state’s “universal” preschool program (UPK) because of their faith. In St. Mary Catholic Parish v. Roy, the U.S. Court of Appeals for the Tenth Circuit upheld Colorado’s religious discrimination, punishing faith-based schools and the families they serve for operating according to their religious beliefs. With Becket’s help, Catholic parents and preschools recently asked the Supreme Court to step in, and today the Justices granted that request.
When Colorado created its “universal” preschool program, it promised all Colorado families 15 hours of free preschool per week at the public or private preschool of their choice, a benefit worth about $6,000 per child. Parents like Becket clients Dan and Lisa Sheley, who are raising their children in the Catholic faith, hoped to use this benefit at their parish preschool in the Archdiocese of Denver. But Colorado imposed restrictions that excluded all Archdiocesan preschools from the program because they ask families to be supportive of the Catholic faith. This means Catholic families like the Sheleys must pay thousands of dollars out of pocket each year on top of their state taxes while those attending nearly 2,000 other public and private preschools receive state-funded education at the preschool of their choice.
Since UPK began, enrollment in Catholic preschools has (unsurprisingly) declined. Indeed, two Catholic preschools have been shuttered, including one that predominantly served low-income and minority families. This makes it harder for all families to access quality preschool options for their children.
The Sheleys, along with the Archdiocese of Denver and its parish preschools, have been fighting this religious discrimination in federal court since 2023. In 2025, the Tenth Circuit sided with Colorado, despite the Supreme Court’s recent decisions in Carson, Espinoza, and Trinity Lutheran, which ruled that states cannot exclude religious schools from public benefits because of their religious beliefs or practices.
The decision to hear this case also draws further attention to Colorado’s record on religious freedom issues at the Supreme Court. Since 2018, Colorado has been on the losing side of three freedom-of-religion cases: Masterpiece Cakeshop, 303 Creative, and Chiles v. Salazar. This case may well be the fourth religious freedom loss in a row for Colorado—a record worse than any other state.
Becket is asking the Supreme Court to stop Colorado from excluding Catholic preschools and instead confirm that universal preschool in Colorado is truly universal. This would only increase the availability of UPK and prevent Colorado’s bad habit of flouting the Constitution from continuing to harm Colorado families.
Statements for media use:
Dan and Lisa Sheley, Catholic parents of seven and Becket clients in the case:
“All we want is the freedom to choose the best preschool for our kids without being punished for our faith. Colorado promised families a universal preschool program, then cut out families like ours because we chose a Catholic education. We pray the Supreme Court will remind Colorado that universal means everyone.”
Erika Navarrete Nagle, Catholic mother of three whose children attend St. Mary’s:
“Colorado is punishing young religious families. In a state that loudly preaches inclusion, it’s shocking to see Colorado go out of its way to exclude families like mine. I hope the Supreme Court will make it clear that no family should be targeted for what they believe.”
Nicholas Reaves, senior counsel at Becket and attorney for the families and preschools:
“Colorado promised free preschool for all, then slammed the door on families who chose a religious education for their children. After three losses in religious freedom cases at the Supreme Court, Colorado should know better. The Supreme Court has repeatedly held that states cannot exclude families from government benefits because of their faith. We’re confident the Court will say the same thing here and put a stop to Colorado’s no-Catholics-need-apply rules.”
The Court is expected to hear the case in the fall.
For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketfund.org or 202-349-7219.
Additional Information:
- Supreme Court orders list granting review in Mary Catholic Parish v. Roy (April 20, 2026)
- Becket’s Supreme Court Petition for Certiorari in Mary Catholic Parish v. Roy (November 13, 2025)
- Case page for Mary Catholic Parish v. Roy (Images for media use, legal documents, videos)
- Media kit for Mary Catholic Parish v. Roy (Credit: Becket)
- One pager: Catholic schools in the Archdiocese of Denver (August 16, 2023)
Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 30 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).
