The Supreme Court of the United States has agreed to hear a case that could determine whether publicly funded preschool programs can exclude children of LGBTQ+ parents.

The case, St. Mary Catholic Parish in Littleton v. Roy, challenges Colorado’s universal preschool program, which requires participating providers, including religious schools, to follow nondiscrimination rules covering sexual orientation and gender identity.

Justices granted review for this case on Monday (20 April). The court is expected to decide on this case by June of next year. Arguments will be held during the court’s next term, which begins in October.

Lower courts have so far upheld Colorado’s policy, finding it applies equally to both religious and non-religious providers. But the challengers argue the rule forces faith-based schools to choose between receiving public funding and adhering to their religious beliefs about marriage and family.

LGBTQ+ advocates warn the case could have far-reaching consequences for families nationwide, particularly in programs funded with taxpayer money.

Mardi Moore, CEO of Rocky Mountain Equality, told The Advocate: “In Colorado, we believe every child deserves to belong in their community and in their classroom.

“Colorado’s universal preschool program was built on that promise: that public dollars serve all children without exception. When a preschool uses taxpayer funding to turn away a four-year-old because of who their parents love, it isn’t exercising religious freedom. It’s using public money to teach discrimination.”

The decision will set a precedent on whether religious providers in public programs can legally turn away children based on their parents’ identities.