# Supreme Court Rules on LGBTQ+ Preschool Discrimination > Supreme Court may force states to fund religious discrimination against 4-year-olds. - Title: Supreme Court Rules on LGBTQ+ Preschool Discrimination - Summary: Supreme Court may force states to fund religious discrimination against 4-year-olds. Supreme Court could require states to subsidize religious groups denying… - Keywords: st. mary catholic parish, st. bernadette parish, colorado preschool, lgbtq+ parents, supreme court, religious discrimination, preschool funding, first amendment, antidiscrimination laws, brett kavanaugh, kavanaugh, st. mary catholic parish v. roy - Source: Slate Magazine — https://slate.com/news-and-politics/2026/11/supreme-court-kavanaugh-preschool-gay-parents-ban.html?via=rss - Author: Madiba K. Dennie - Published: 2026-11-04T19:43:24.378+00:00 - Read time: 1 min - Topics: st. mary catholic parish, st. bernadette parish, colorado preschool, lgbtq+ parents, supreme court, religious discrimination, preschool funding, first amendment, antidiscrimination laws, brett kavanaugh, kavanaugh, st. mary catholic parish v. roy ## Colorado's Universal Preschool Program Colorado law allows 4-year-olds to access free preschool regardless of parental sexual orientation or gender identity. > Any 4-year-old in the state can receive free early education ## Two Catholic Preschools Sue St. Mary and St. Bernadette parishes sued Colorado over state funding for preschools that accept LGBTQ+ children. > enrolling transgender children and the children of same-sex couples in their preschools would directly conflict with their faith ## Legal Challenge Parishes claimed Colorado's policy violated their First Amendment rights by requiring them to accept LGBTQ+ children. > the state violated their First Amendment rights by making access to otherwise-available public funds dependent on compromising their sincerely held religious beliefs ## Lower Court Ruling Lower court found parishes had no evidence of practical problems preventing LGBTQ+ parents from finding preschools. > We have little evidence of a practical problem by which LGBTQ+ couples cannot find other preschools ## Supreme Court Oral Arguments Liberal justices worried about religious exemptions from antidiscrimination laws while conservative justices showed little concern. > a favorable ruling would cause the law to devolve so that any person could invoke religious freedom and become a law unto himself ## Brett Kavanaugh's View Kavanaugh argued there are thousands of other preschools and 'plenty of opportunities' for LGBTQ+ parents to find alternatives. > why not seek the win-win ## Justice Jackson's Concern Jackson stressed there is no principled basis to distinguish religious groups claiming discrimination against LGBTQ+ children from those claiming discrimination against Black children. > no principled basis to distinguish a religious entity which claims my religious faith says my children can't go to school with the children of gay people ## Sotomayor's Perspective Sotomayor explained parishes want to reject children because their parents are homosexual and receive state funding for that rejection. > reject a child because their parents are homosexual ## Potential Outcome Supreme Court may require states to fund religious discrimination against 4-year-olds. > the court could ultimately compel states to use public dollars to subsidize private discrimination ## Key takeaway Supreme Court could require states to subsidize religious groups denying preschool access to LGBTQ+ children.