Why This Case Matters
Colorado's universal preschool program funds enrollment at participating public and private preschools. The litigation arises from Colorado's refusal to include Catholic preschools that apply religious criteria while the program permits a variety of other categorical or discretionary enrollment preferences.
The Supreme Court granted review limited to two questions concerning general applicability and religious exclusion. Argument is scheduled for November 3, 2026.
For OLI, the case presents a broader concern about objective government rules: whether officials may create systems of exceptions and discretion while selectively treating religious conduct as uniquely disqualifying.
The Legal Question
The Court will consider what kinds of secular exemptions or discretionary authority make a law not generally applicable under the Free Exercise Clause, and whether the rule articulated in Carson v. Makin applies only when government excludes religious participants explicitly because they are religious.
The Court did not grant review on the petitioners' separate request to overrule Employment Division v. Smith.
The OLI Angle
A legal standard becomes vulnerable to arbitrary administration when government reserves discretion to make exceptions for favored secular purposes while applying a categorical prohibition to disfavored religious conduct.
The deeper issue is equal treatment under objective rules, not a special entitlement for religion to control public policy.
What OLI Could Contribute
OLI could emphasize the connection between constitutional neutrality and objective standards. Government programs should operate through knowable, generally applicable criteria rather than selective exemptions that turn eligibility into a function of official preference.
Why Timely Support Matters
The case is fully in the merits stage, with argument scheduled for November 3, 2026. It offers an opportunity to develop a broader account of neutrality, discretion, and objective legal administration.
Clarification
OLI's interest does not imply endorsement of Catholic doctrine or any religious curriculum. The issue is whether government distributes public benefits under objective, neutral rules or through standards that permit selective treatment based on official judgments about acceptable beliefs.