A fall Supreme Court hearing will examine whether religiously affiliated preschools can be barred from taxpayer-funded programs because their admissions policies discriminate against LGBTQ+ families.

The Trump administration has filed an unsolicited brief backing the dioceses, arguing that enforcing the nondiscrimination law could curb religious exercise nationwide.

Becket, representing the Catholic plaintiffs, argues the law is not generally applicable and should be subjected to strict scrutiny under prior Supreme Court standards.

The Court will also consider potentially narrowing the 1990 Peyote case’s exemption for religious practices, though it is not being overturned in this context.

Part of the proceedings involves whether exemptions for secular considerations undermine general applicability and the Smith precedent.

The fall docket will feature the Peyote-use decision discussion alongside the preschool funding case, with no overturn of the 1990 ruling on religious use.

Colorado maintains that prioritizing students with disabilities and low-income status within the program does not violate nondiscrimination requirements and is consistent with policy goals.

Background includes Colorado’s 2020 ballot-funded preschool program, its nondiscrimination rule, and Becket’s role for religious plaintiffs.

The case is part of a broader slate of religious rights disputes appearing under a conservative-aligned Court and is supported by the administration.

Observers note the Court’s recent pattern of religious-rights rulings alongside skepticism toward LGBTQ rights, shaping expectations for this term.

Becket Fund argues that states cannot exclude families from government benefits due to faith, framing the case as a First Amendment issue.

A central question is whether the law’s exemptions for secular considerations undermine general applicability and trigger heightened scrutiny under Smith.