Supreme Court of the United States · Official docket →
St. Mary Catholic Parish, Littleton, Colorado, et al. v. Lisa Roy, in Her Official Capacity as Executive Director of the Colorado Department of Early Childhood, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 24-1267 · judgment September 30, 2025
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a Tenth Circuit decision below, and down for a state or local-government respondent.
Questions presented
Granted limited to questions 1 and 2 presented by the petition. Colorado's so-called universal preschool program pays for families to send their children to the preschool of their choice, public or private. To participate, preschools must ensure all families have an "equal opportunity" to enroll regardless of, inter alia, race, religious affiliation, sexual orientation, gender identity, income level, or disability. Colorado nonetheless permits numerous exemptions from this requirement, both categorical and discretionary, allowing preschools to admit only "children of color," "gender-nonconforming children," "the LGBTQ community," low-income families, and children with disabilities. But Colorado excludes Catholic preschools because they admit only families who support Catholic beliefs, including on sex and gender. The Tenth Circuit upheld Colorado's decision to exclude Catholic preschools. Applying Employment Division v. Smith, it held that Colorado's secular exemptions and discretion did not undermine general applicability. In so doing, the court sided with the minority position in an entrenched and acknowledged 7 -4 split over what kinds of exemptions and discretion undermine general applicability. The court also eschewed Carson v. Makin, concluding that its rule was inapplicable because Colorado's exclusion was not "on the explicit basis" of religion. The questions presented are:
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Whether proving a lack of general applicability under Employment Division v. Smith requires showing unfettered discretion or categorical exemptions for identical secular conduct.
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Whether Carson v. Makin displaces the rule of Employment Division v. Smith only when the government explicitly excludes religious people and institutions.
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Whether Employment Division v. Smith should be overruled THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO QUESTIONS 1 AND 2 PRESENTED BY THE PETITION.
Counsel of record
For petitioner
Eric Christopher Rassbach
The Becket Fund for Religious Liberty
For respondent
Helen Norton
Colorado Department of Law
Case
Conference history
Distributed for 3 conferences
Amicus briefs
21 cert-stage · 54 merits
(29 supporting pet./neither, 25 respondent)
Proceedings
- Aug 31 2026Motion for leave to file out of time, for leave to participate in oral argument as amicus curiae and for divided argument filed by the Solicitor General.
- Aug 27 2026CIRCULATED
- Aug 24 2026Brief amici curiae of Historians of Education filed.
- Aug 24 2026Brief amicus curiae of First Focus on Children filed.
- Aug 24 2026Brief amici curiae of Public Funds Public Schools, et al. filed.
- Aug 24 2026Brief amici curiae of Disability Rights Education and Defense Fund, et al. filed.
- Aug 24 2026Brief amici curiae of GLBTQ Legal Advocates & Defenders, et al. filed.
- Aug 24 2026Brief amici curiae of Legal Scholars in Support of Equality filed.
- Aug 24 2026Brief amici curiae of Members of Congress filed.
- Aug 24 2026Brief amici curiae of Children’s Rights, et al. filed.
- Aug 24 2026Brief amicus curiae of American Atheists, Inc. filed.
- Aug 24 2026Brief amici curiae of Scholars for the Advancement of Children’s Constitutional Rights filed.
- Aug 24 2026Brief amicus curiae of Freedom From Religion Foundation filed.
- Aug 24 2026Brief amici curiae of First Amendment Scholars filed.
- Aug 24 2026Brief amici curiae of Professor Laura Portuondo, et al. filed.
- Aug 24 2026Brief amici curiae of Former Catholic School Superintendent Timothy Uhl, et al. filed.
- Aug 24 2026Brief amici curiae of Law and Religion Scholars filed.
- Aug 24 2026Brief amici curiae of Religious and Civil-Rights Organizations filed.
- Aug 24 2026Brief amici curiae of Local Government Legal Center, et al. filed.
- Aug 24 2026Brief amici curiae of COLAGE, et al. filed. (Distributed)
- Aug 24 2026Brief amici curiae of Ilan Meyer, et al. filed. (Distributed)
- Aug 24 2026Brief amici curiae of 27+ Lay Roman Catholics filed. (Distributed)
- Aug 24 2026Brief amici curiae of Massachusetts, et al. filed. (Distributed)
- Aug 24 2026Brief amici curiae of NAACP Legal Defense and Educational Fund, Inc., et al. filed. (Distributed)
- Aug 24 2026Brief amici curiae of Interfaith Alliance, et al. filed. (Distributed)
- Aug 21 2026Brief amici curiae of New Ways Ministry, et al. filed.
- Aug 21 2026Brief amici curiae of National Women's Law Center, et al. filed.
- Aug 20 2026Record received from the United States Court of Appeals for the Tenth Circuit. The record is electronic and is available on PACER.
- Aug 19 2026Record requested from the United States Court of Appeals for the Tenth Circuit.
- Aug 17 2026Brief of respondents Lisa Roy, et al. filed.
- Aug 11 2026SET FOR ARGUMENT on Tuesday, November 3, 2026.
- Jul 02 2026Brief amicus curiae of United States filed.
- Jul 02 2026Brief amicus curiae of Dr. Richard Rogers filed.
- Jul 02 2026Brief amici curiae of EdChoice, Inc., et al. filed.
- Jul 02 2026Brief amici curiae of Council for Christian Colleges & Universities, et al. filed.
- Jul 02 2026Brief amici curiae of National Association of Evangelicals, et al. filed.
- Jul 02 2026Brief amici curiae of Stephanie Barclay, et al. filed.
- Jul 02 2026Brief amicus curiae of Darren Patterson Christian Academy filed.
- Jul 02 2026Brief amicus curiae of Robertson Center for Constitutional Law filed.
- Jul 02 2026Brief amici curiae of America's Future, et al. filed.
- Jul 02 2026Brief amicus curiae of Thomas More Society filed.
- Jul 02 2026Brief amici curiae of Fellowship of Christian Athletes, et al. filed.
- Jul 02 2026Brief amicus curiae of Protect the First Foundation filed.
- Jul 02 2026Brief amicus curiae of Crosspoint Church filed.
- Jul 02 2026Brief amicus curiae of United States Conference of Catholic Bishops filed.
- Jul 02 2026Brief amicus curiae of LiMandri & Jonna LLP filed.
- Jul 02 2026Brief amici curiae of Professor Douglas Laycock, et al. filed.
- Jul 02 2026Brief amicus curiae of Center for American Liberty filed.
- Jul 02 2026Brief amici curiae of Notre Dame Education Law Project, et al. filed.
- Jul 02 2026Brief amicus curiae of Catholic League for Religious and Civil Rights filed.
- Jul 02 2026Brief amici curiae of American Center for Law and Justice, et al. filed.
- Jul 02 2026Brief amici curiae of 43 Members of Congress filed.
- Jul 02 2026Brief amici curiae of West Virginia, et al. filed.
- Jul 02 2026Brief amicus curiae of The Union of Orthodox Jewish Congregations of America filed.
- Jul 01 2026Brief amicus curiae of Sutherland Institute filed.
- Jul 01 2026Brief amici curiae of Pioneer New England Legal Foundation, et al. filed.
- Jul 01 2026Brief amicus curiae of Liberty Counsel filed.
- Jun 29 2026Brief amici curiae of The Conscience Project, et al. filed.
- Jun 26 2026Brief amici curiae of World Faith Foundation, et al. filed.
- Jun 26 2026Brief amici curiae of National Legal Foundation, et al. filed.
- Jun 25 2026Brief of petitioners St. Mary Catholic Parish in Littleton, et al. filed.
- Jun 25 2026Joint appendix (3 volumes and a supplemental volume) filed. (Statement of costs filed)
- May 07 2026Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 25, 2026. The time to file respondents' brief on the merits is extended to and including August 17, 2026.
- May 01 2026Motion for an extension of time to file the briefs on the merits filed.
- Apr 20 2026Petition GRANTED limited to Questions 1 and 2 presented by the petition.
- Apr 13 2026DISTRIBUTED for Conference of 4/17/2026.
- Mar 17 2026DISTRIBUTED for Conference of 4/2/2026.
- Mar 16 2026Reply of petitioners St. Mary Catholic Parish, Littleton, Colorado, et al. filed. (Distributed)
- Mar 02 2026Brief of respondents Lisa Roy, et al. in opposition filed.
- Jan 30 2026Brief amicus curiae of Protect the First Foundation filed.
- Jan 30 2026Brief amicus curiae of United States in support of the petitioners filed.
- Jan 05 2026Motion to extend the time to file a response is granted and the time is extended to and including March 2, 2026.
- Jan 02 2026Motion to extend the time to file a response from January 30, 2026 to March 2, 2026, submitted to The Clerk.
- Dec 31 2025Response Requested. (Due January 30, 2026)
- Dec 23 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 17 2025Brief amicus curiae of Darren Patterson Christian Academy filed.
- Dec 17 2025Brief amicus curiae of United States Conference of Catholic Bishops filed.
- Dec 17 2025Brief amici curiae of The Notre Dame Education Law Project, et al, filed.
- Dec 17 2025Brief amici curiae of EdChoice, Inc., et al. filed.
- Dec 17 2025Brief amici curiae of National Association of Evangelicals, et al. filed.
- Dec 17 2025Brief amici curiae of West Virginia, et al. filed.
- Dec 17 2025Brief amicus curiae of Thomas More Society filed.
- Dec 17 2025Brief amicus curiae of Center for American Liberty filed.
- Dec 17 2025Brief amicus curiae of Robertson Center for Constitutional Law filed.
- Dec 17 2025Brief amicus curiae of Stephanie Barclay filed.
- Dec 17 2025Brief amicus curiae of Dr. Richard Rogers filed.
- Dec 17 2025Brief amici curiae of National Legal Foundation, et al. filed.
- Dec 17 2025Brief amicus curiae of America's Future filed. (Distributed)
- Dec 17 2025Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
- Dec 17 2025Brief amicus curiae of Colorado Association of Private Schools filed. (Distributed)
- Dec 17 2025Brief amici curiae of Pioneer New England Legal Foundation, et al. filed. (Distributed)
- Dec 15 2025Waiver of Lisa Roy, et al. of right to respond not accepted for filing. (December 16, 2025)
- Dec 15 2025Waiver of St. Mary Catholic Parish in Littleton, et al. of right to respond not accepted for filing. (December 16, 2025)
- Dec 15 2025Brief amicus curiae of Sutherland Institute filed.
- Dec 12 2025Waiver of St. Mary Catholic Parish in Littleton, et al. of right to respond not accepted for filing. (December 16, 2025)
- Dec 12 2025Waiver of right of respondent Lisa Roy, et al. to respond filed.
- Dec 04 2025Brief amicus curiae of Pacific Justice Institute filed.
- Dec 03 2025Brief amici curiae of The Conscience Project, et al. filed.
- Nov 13 2025Petition for a writ of certiorari filed. (Response due December 17, 2025)