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Politics · November 2, 2026

Today in Supreme Court History: November 2, 2010

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The U.S. Supreme Court is set to hear oral arguments in a case challenging Colorado's universal preschool program (UPK Colorado). Two Catholic preschools, St. Mary Catholic Parish and St. Bernadette Catholic Parish, along with the Archdiocese of Denver, filed a lawsuit after being denied public funding for the program. The dispute centers on the state's requirement that participating providers accept all applicants regardless of religion, sexual orientation, or gender identity. The plaintiffs, represented by the Becket Fund for Religious Liberty, argue that this nondiscrimination clause violates their First Amendment rights to free exercise of religion by forcing them to choose between their religious tenets and public funding.

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Reported across the spectrum

  • The U.S. Supreme Court is scheduled to hear oral arguments on Tuesday regarding Colorado's universal preschool program.
  • The lawsuit was brought by two Catholic preschools and the Archdiocese of Denver.
  • Colorado's program requires participating providers to adhere to nondiscrimination requirements regarding sexual orientation and gender identity.
  • The preschools were denied participation in the program after requesting religious exemptions from these requirements.
  • The plaintiffs argue the exclusion violates the free exercise clause of the First Amendment.

Reported by only some outlets

  • The universal preschool program provides 15 hours of free classroom instruction each week.
  • The Becket Fund for Religious Liberty is representing the plaintiffs.
  • The case was accepted by the Supreme Court in April 2026.

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