St. Mary Catholic Parish v. Roy: What the Supreme Court Case Could Mean for Students With Disabilities
A U.S. Supreme Court case about whether religious schools in Colorado’s publicly funded universal preschool program may exclude LGBTQ+ students or families could also affect how courts understand disability rights in education.
In St. Mary Catholic Parish v. Roy, Catholic schools argue that Colorado is treating them unfairly by requiring them to follow nondiscrimination rules protecting LGBTQ+ students and families while allowing special consideration for children with disabilities who need specific preschool placements. The schools point to that disability policy as part of their First Amendment challenge.
The Arc joined an amicus brief in this case because the schools’ disability argument could affect how courts understand accommodations, equal access, and other disability protections. The Supreme Court will hear oral arguments on November 3, 2026.
What Is St. Mary Catholic Parish v. Roy?
St. Mary Catholic Parish v. Roy is a Supreme Court case involving religious freedom, LGBTQ+ nondiscrimination protections, and Colorado’s universal preschool program.
Colorado allows public, private, and religious preschools to participate in the publicly funded program. Participating schools must follow nondiscrimination requirements protecting children and families based on characteristics including race, sexual orientation, gender identity, disability, and income.
Catholic schools challenged requirements protecting LGBTQ students and families, arguing that they conflict with their religious beliefs. As part of their case, the schools point to Colorado’s separate policy for children with IEPs as evidence that the state allows special consideration for some groups while denying an exception based on religion.
That disability argument is what brings a broader disability rights question into the case. Disability rights organizations, including The Arc, disagree with that comparison, arguing that the IEP policy exists to give children with disabilities equal access to the state’s preschool program.
Why Is St. Mary Catholic Parish v. Roy Before the Supreme Court?
The Supreme Court agreed to hear St. Mary Catholic Parish v. Roy to decide how the First Amendment’s protection of religious exercise applies when a government program allows some exceptions or preferences but denies one requested for religious reasons.
The Catholic schools involved in the case sued Colorado in 2023. A federal district court rejected the First Amendment challenge that is now before the Supreme Court, and the U.S. Court of Appeals for the Tenth Circuit upheld that ruling in 2025. The schools appealed to the Supreme Court, which agreed to hear the case in April 2026.
Colorado’s policy for children with IEPs is one of the policies the schools cite to support their argument, bringing disability rights into the case.
When Will the Supreme Court Hear St. Mary Catholic Parish v. Roy?
The Supreme Court will hear oral arguments in St. Mary Catholic Parish v. Roy on November 3, 2026. A decision is expected by summer 2027.
The Arc will be watching how the justices discuss Colorado’s policy for children with IEPs and disability-specific supports. This article will be updated after oral arguments and when the Court issues its decision.
How Are Students With Disabilities Involved in St. Mary Catholic Parish v. Roy?
Students with disabilities are involved because the Catholic schools use Colorado’s IEP placement policy as part of their First Amendment argument. They contend that if Colorado makes special allowances for disability-related placement needs, its nondiscrimination requirements aren’t applied uniformly enough to deny an exception requested for religious reasons.
Disability rights organizations dispute that comparison. Colorado’s IEP policy addresses barriers children with disabilities face in accessing preschool and helps the state meet existing obligations under disability law.
What Is Colorado’s IEP Preference in Its Universal Preschool Program?
Colorado’s IEP preference helps match preschoolers with disabilities to programs that can provide the special education and related services required by their Individualized Education Programs.
Participating preschools can reserve placements for children with IEPs when needed to ensure they receive required services. Without that consideration, a child could be placed in a program that can’t provide the supports they need to participate.
Children with IEPs accounted for about 13.5% of four-year-olds served by Colorado’s universal preschool program in each of its first two years.
Do Accommodations for Students With Disabilities Discriminate Against Other Students?
Disability accommodations give students with disabilities access to educational opportunities that may otherwise be inaccessible to them.
Disability laws recognize that students with disabilities may need accommodations or services that other students don’t. A student who uses a wheelchair may need a lift to board a school bus that other students can enter using stairs. Another student may need assistive technology, specialized instruction, or related services.
Providing those supports allows students with disabilities to access the same educational opportunities as their peers. That’s why disability rights organizations reject the argument that Colorado’s IEP policy discriminates against children without disabilities.
Could St. Mary Catholic Parish v. Roy Affect IDEA and Disability Rights?
The Supreme Court isn’t deciding whether IDEA, Section 504, the ADA, or disability accommodations are constitutional. The concern is how the Court characterizes Colorado’s IEP policy and the reasoning it uses to decide the case.
If the Court characterizes disability-specific services or preferences as unequal treatment of people without disabilities, future litigants could try to use that reasoning to challenge other disability protections.
That matters because disability rights laws often require accommodations, modifications, or services so people with disabilities have equal access. Treating those measures as preferential treatment would misunderstand a basic principle of disability law.
Why Did The Arc Join the St. Mary Catholic Parish v. Roy Amicus Brief?
The Arc joined an amicus brief to help the Supreme Court understand why Colorado’s policy for children with IEPs is rooted in disability rights and special education law.
An amicus, or “friend of the court,” brief allows organizations that aren’t parties in a case to provide expertise that can help the Court understand its broader implications.
The brief, led by the Disability Rights Education and Defense Fund, explains that Colorado’s IEP policy helps the state meet its obligations to children with disabilities under IDEA and provide equal access to its universal preschool program.
The Arc has advocated for decades for students with intellectual and developmental disabilities to receive the individualized services and supports they need to access education alongside their peers whenever possible.
