Colorado's Universal Preschool Program, launched in 2023, offers up to 15 hours of free preschool per week to every eligible 4-year-old in the state.
Two Catholic parishes and the Archdiocese of Denver sued Colorado after being excluded from the program for refusing to sign a nondiscrimination agreement covering LGBT families.
In the 2022 case Carson v. Makin, the Supreme Court ruled 6-3 that Maine could not exclude religious schools from a tuition-aid program open to private schools.
In 303 Creative v. Elenis (2023), the Court ruled 6-3 that a Colorado web designer could refuse to make wedding websites for same-sex couples on free-speech grounds.
Religious plaintiffs have won roughly 85% of their Supreme Court cases since Chief Justice John Roberts took over in 2005, according to studies cited in legal scholarship.