NRT briefing
Alito cites Colorado's Supreme Court losses in Catholic preschool case
Based on reporting by Washington Examiner.
The Brief
During oral arguments in St. Mary Catholic Parish v. Roy, Justice Samuel Alito highlighted Colorado's poor Supreme Court record on First Amendment cases, referencing recent losses such as Chiles v. Salazar, 303 Creative v. Elenis, and Masterpiece Cakeshop. The case involves Colorado's universal preschool program, which excludes Catholic schools that refuse to admit all families, including those not sharing Catholic beliefs.
The schools argue this violates their First Amendment rights, while the state maintains the requirement is non-discriminatory.
Colorado Deputy Solicitor General Helen Norton responded that intent is crucial in determining religious discrimination, countering Alito's questioning about conditions the state knows certain religions cannot accept. Observers note a majority of justices appeared likely to side with the Catholic preschools. A ruling is expected by June 2027.
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