U.S. Solicitor General backs Catholic parents and preschools at Supreme Court

Justice Department urges Court to reverse Colorado’s exclusion of Catholics from “universal” preschool program

(Photo: Denver Catholic file photo)

Catholic preschools in the Archdiocese of Denver have been seeking equal treatment for more than two years, in the face of Colorado's exclusion of religious schools from their "Universal" Preschool Program (UPK). The fight began in August 2023, when a team of lawyers from Becket filed a lawsuit against Colorado on behalf of two of the Archdiocese of Denver's Catholic preschools. After a trial in January 2024, a federal court ultimately supported the state's decision to exclude religious preschools from the program. Following this ruling, the Catholic preschools appealed to the United States Court of Appeals for the Tenth Circuit, which also sided with Colorado, allowing the state to continue excluding these Catholic preschools. In November 2025, the Archdiocesan Catholic preschools, together with the Archdiocese of Denver and a Colorado Catholic family, asked the United States Supreme Court for equal treatment under the law. Friday, the United States Solicitor General filed a brief to ask the United States Supreme Court to hear the case. Becket's press release is printed below in full.

WASHINGTON – The Solicitor General of the United States filed a friend-of-the-court brief on Friday urging the Supreme Court to stop Colorado from excluding Catholic preschools and families from the state’s “universal” preschool funding program. 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 preschools and the families they serve for operating consistent with their beliefs. With Becket’s help, faith-based preschools and families recently asked the Supreme Court to step in. The federal government’s filing confirms that the issues raised in this case are serious, nationally significant, and warrant the Supreme Court’s review. As the Solicitor General explained:

“The government’s decision to file an uninvited certiorari-stage amicus brief reflects its views about the severity of the court of appeals’ error, the recurrence of the question presented, and the significant benefit that further clarity in this area of the law would provide to the lower courts, federal and state governments, and the public.” 

The Solicitor General’s brief was submitted to the Court by Solicitor General John Sauer, Principal Deputy Solicitor General Sarah Harris, and Assistant to the Solicitor General Emily Hall.  

“The Solicitor General’s filing in this case signals to the Court just how egregious, illegal, and dangerous Colorado’s discrimination is,” said Nick Reaves, senior counsel at Becket and lead attorney for the preschools and families. “The state is labeling a program ‘universal’ and then banning religious families and schools from it because of their faith. If that kind of exclusion is allowed to stand, no religious group is safe from being pushed out of public life.” 

In addition to the Solicitor General’s brief, 20 other friend-of-the-court briefs have been filed at the Supreme Court in support of the parents and preschools in this case. “We’re grateful the Solicitor General recognized what’s at stake here and added his voice to a growing chorus urging the Supreme Court to hear this case,” said Reaves. 

The Court is likely to decide whether to hear this case in spring 2026.