The U.S. Supreme Court this morning granted certiorari in St. Mary Catholic Parish in Littleton v. Roy, (Docket No. 25-581, cert. granted 4/20/2026). (Order List). In the case, the U.S. 10th Circuit Court of Appeals held that the nondiscrimination requirements of Colorado's Universal Preschool Program do not violate the free exercise or expressive association rights of Catholic schools that are excluded from the program because they insist on considering the sexual orientation and gender identity of a student and their parents in making decisions on who will be admitted. (See prior posting.) In granting review, the Court limited it grant to Questions 1 and 2 in the petition for certiorari:
1. Whether proving a lack of general applicability under Employment Division v. Smith requires showing unfettered discretion or categorical exemptions for identical secular conduct.
2. Whether Carson v. Makin displaces the rule of Employment Division v. Smith only when the government explicitly excludes religious people and institutions.
It excluded from the grant petitioner's third question:
3. Whether Employment Division v. Smith should be overruled.
