Trump’s solicitor general champions religious freedom, education in Supreme Court appeal

The Trump administration is on the side of Catholic preschools suing the Colorado government for religious discrimination.

U.S. Solicitor General John Sauer released an amicus brief regarding the case, St. Mary Catholic Parish v. Roy, arguing the lower courts have mistakenly ruled against the Catholic plaintiffs.

Sauer, who represents the U.S. Department of Justice in the Supreme Court, said prior court judgments had “seriously erred.”

“The government’s decision to file an uninvited certiorari-stage amicus brief reflects its views about the severity of the court of appeals’ error [and] the significant benefit that further clarity in this area of the law would provide to the lower courts, federal and state governments, and the public,” Sauer wrote.

The case involves Colorado’s universal preschool program (UPK), which uses state funds to pay for up to 15 hours of free preschool for enrolled families.

UPK launched in 2023 and was immediately accused of discriminating against religious schools.

Darren Patterson Christian Academy was initially approved to receive UPK funds, but it was forced to choose between its religious practices – such as hiring exclusively Christian staff – and receiving public aid.

A Colorado court eventually ruled in favor of Patterson Academy, agreeing its First Amendment rights were violated.

However, St. Mary Catholic Parish v. Roy hasn’t been so straightforward.

Because the Catholic preschools give enrollment priority to Catholic families, Colorado has excluded it for allegedly violating the state’s anti-discrimination rules.

“Our preschools exist to help parents who want an education rooted in the Catholic faith for their children,” said Scott Elmer, Chief Mission Officer for the Archdiocese of Denver, one of the plaintiffs.

“All we ask is for the ability to offer families who choose a Catholic education the same access to free preschool services that’s available at thousands of other preschools across Colorado.”

The defendants in the lawsuit are Lisa Roy, executive director of the Colorado Department of Education, and Dawn Odean, director of UPK.

After receiving unfavorable rulings in a Colorado district court and the Tenth Circuit Court of Appeals, the plaintiffs are now requesting the Supreme Court hear their case – bolstered by the support of the Trump administration.

“The Solicitor General’s filing in this case signals to the Court just how egregious, illegal, and dangerous Colorado’s discrimination is,” said Nick Reaves, lead attorney for the plaintiffs.

“The state is labeling a program ‘universal’ and then banning religious families and schools from it because of their faith. If that kind of exclusion is allowed to stand, no religious group is safe from being pushed out of public life.”

Numerous other amicus briefs have been filed in support of Catholic education, including those by the United States Conference of Catholic Bishops, Ed Choice, the Colorado Association of Private Schools, the Center for American Liberty, the Pacific Justice Institute, and the governments of 22 states.