The Aporia
Birle, J. (2026, November 3). Ketanji Brown Jackson accuses Catholic preschools of wanting ‘special rule’ to bar LGBT families in universal preschool case. Washington Examiner. https://www.washingtonexaminer.com/news/supreme-court/4789693/ketanji-brown-jackson-accuses-catholic-preschools-bar-lgbt-families/
Birle, Jack. “Ketanji Brown Jackson accuses Catholic preschools of wanting ‘special rule’ to bar LGBT families in universal preschool case.” Washington Examiner, 3 Nov. 2026, https://www.washingtonexaminer.com/news/supreme-court/4789693/ketanji-brown-jackson-accuses-catholic-preschools-bar-lgbt-families/.
Birle, Jack. “Ketanji Brown Jackson accuses Catholic preschools of wanting ‘special rule’ to bar LGBT families in universal preschool case.” Washington Examiner, November 3, 2026. https://www.washingtonexaminer.com/news/supreme-court/4789693/ketanji-brown-jackson-accuses-catholic-preschools-bar-lgbt-families/.
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The Supreme Court heard arguments in St. Mary Catholic Parish v. Roy on November 3, 2026, concerning whether Catholic schools should be exempt from Colorado’s nondiscrimination rules to participate in the state's universal preschool program. The case centers around two Denver-area Catholic schools that refuse admission to children with LGBTQ+ parents and are seeking an exemption from the program's requirement to provide equal opportunities regardless of sexual orientation or gender identity. Erika Nagle, a mother whose three children attend St. Mary Catholic Parish, claims her family was denied $12,000 in taxpayer-funded preschool benefits because they chose a Catholic education. Colorado argues its policy aims to ensure disadvantaged families have access to preschool services without discrimination. However, the Supreme Court’s conservative justices appeared likely to side with the Catholic schools, suggesting a potential ruling in favor of religious exemptions over LGBTQ+ rights.
Justice Ketanji Brown Jackson sharply questioned a coalition of Catholic schools on Tuesday that are seeking to be allowed into Colorado’s universal preschool program without having to admit families who do not abide by Catholic teachings, accusing them of asking for a “special rule” to discriminate.
Jackson, along with the two other liberal justices on the high court, grilled Nicholas Reaves, a lawyer for the Becket Fund for Religious Liberty representing the Catholic preschools, over whether their stance would allow for discrimination.