179 Democrats currently in Congress signed a brief urging the Supreme Court to uphold Colorado’s anti-discrimination policy in schools, a case the Court will hear next year in St. Mary Catholic Parish v. Roy.
Earlier this month, the Supreme Court announced that it would be hearing oral arguments in a lawsuit involving two anti-LGBTQ+ Catholic schools on November 3. The Colorado schools, along with some parents and the Archdiocese of Denver, sued the state to get Universal Preschool Program funds, which they were denied because they refuse to accept the children of LGBTQ+ parents. They are arguing that the state’s ban on discrimination due to “a student or family’s religion, sexual orientation, or gender identity” violates their ability to practice their religion.
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“Public dollars are for the good of the public, and this publicly funded program’s nondiscrimination policy reflects that,” said Rep. Mark Takano (D-CA) in a statement. He’s the chair of the Congressional Equality Caucus, a group of House members who support LGBTQ+ rights. “A court ruling creating a new religious exemption would fly in the face of established precedent and would endanger a myriad of other carefully-crafted laws that have been designed to protect Americans from discrimination.”
Takano led the effort to get 166 House members to sign the brief and out Sen. Tammy Baldwin (D-WI), who is currently the only out LGBTQ+ US senator, co-led the effort in the Senate along with Sen. Jeff Merkley (D-OR), resulting in 13 senators signing the brief.
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“Discriminating against anyone – let alone preschoolers is simply wrong and betrays some of our most fundamental and enduring beliefs as Americans,” Baldwin said in a statement.
The brief itself notes that Congress has “long legislated against discrimination” and asked the Court to continue to defer to legislatures when it comes to laws that are neutrally applied to people of all religions. They note that numerous laws would be in danger if the Court rules against Colorado. The lawmakers cite federal anti-discrimination measures such as Title VII, Title IX, the Americans with Disabilities Act, and the Fair Housing Act as examples of laws that might be threatened if the Court creates new religious exemptions.
The lawsuit challenges a 1990 Supreme Court precedent, Employment Division v. Smith, which held that the government could infringe on the free exercise of religion with generally applicable laws applied neutrally with respect to religion. But three of the current Supreme Court justices – Justices Neil Gorsuch, Clarence Thomas, and Samuel Alito – have said that the ruling should be overturned.
Earlier this year,the Trump administration pushed the Supreme Courtto hear the case, with US Solicitor General John Sauer arguing that too many laws have been deemed “neutral” since the 1990 ruling.
“If this Court is looking for a vehicle to address this threshold question, this petition appears to present the cleanest option,” he wrote.
A ruling in the case is expected in the first half of 2027.
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