St. Mary Catholic Parish v. Roy
Case Snapshot
Dan and Lisa Sheley are a Colorado couple committed to raising their children in the Catholic faith. In 2022, Colorado announced a new “universal” preschool funding program that offered all families 15 hours per week of free preschool at the public or private school of their choice. The Sheleys hoped to use this benefit at a Catholic preschool. But Colorado excluded Catholic preschools from this “universal” program because of their faith, leaving the Sheleys and many other families out in the cold. Becket filed a lawsuit against Colorado to protect the right of Catholic families and preschools to participate in Colorado’s universal preschool program.
Status
On November 13, 2025, the Sheleys, the Archdiocese of Denver, and two Catholic preschools asked the Supreme Court to stop Colorado from excluding them from the state’s “universal” preschool program because of their faith. The Court agreed to hear the case in April 2026.
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Case Summary
Archdiocese of Denver Catholic Schools Fact Sheet
A commitment to Catholic education
Dan and Lisa Sheley are Catholic parents raising seven children in Colorado. As parishioners at St. Mary Catholic Parish in Littleton, they’ve built their family life around the parish and school community, where their children learn, pray, and grow alongside other families who respect the religious beliefs St. Mary’s teaches. Five of their children currently attend St. Mary’s school, and one will begin preschool there in 2028.
Families like the Sheleys who send their kids to Catholic preschools in the Archdiocese of Denver expect them to receive a high-quality education and to be part of a faith-filled Catholic community. That is exactly what these Catholic preschools provide. For decades, Archdiocesan preschools have assisted parents with the religious and educational upbringing of their children by providing excellent intellectual, moral, and spiritual formation.
“Universal” preschool, unless you are Catholic
In 2022, Colorado’s Department of Early Childhood created a universal preschool program to provide all kids with 15 hours per week of free education at a private or public school of their parents’ choice in the year before kindergarten. The Department repeatedly emphasized that this program was intended for all Colorado families (hence its name). After this program was announced, families attending Catholic schools across Colorado were eager to participate.
When implementing this program, however, the Department chose to deny this benefit to parents who send their kids to Catholic schools. Rather than work with all licensed preschools in Colorado, the Department imposed restrictions that categorically barred the Archdiocese of Denver’s Catholic preschools from participating—excluding over 1,500 kids attending over 30 different preschools simply because their parents chose a Catholic education.
The Constitution forbids religious exclusion
Colorado is punishing families who choose to send their kids to Catholic schools. The State didn’t have to create a program that provides tuition funding to families at private preschools. But what it cannot do is use this program to discriminate against families based on their choice of a religious preschool. The Supreme Court has three times in the past ten years affirmed that the government cannot exclude people from public benefits because of their religious beliefs or exercise. Families should be free to send their kids to a Catholic preschool without forfeiting a public benefit—especially one the government has described as “universal.”
Colorado’s actions have already had devastating effects. Families like the Sheleys who send their children to Catholic schools are put to a difficult choice: pay thousands of dollars out of pocket for Catholic preschool or pull their children from the school and their Catholic community. This choice, unsurprisingly, weighs heaviest for middle- and low-income Colorado families. What is more, two parish preschools—Wellspring Catholic Academy and Guardian Angels Catholic School—were forced to close their doors due to shortfalls in funding and decreased enrollment. And, across the Archdiocese, parish preschool enrollment has declined by almost twenty percent since this program began. By excluding over 30 Catholic preschools from the state’s universal preschool program, there are now fewer preschool seats available to all Colorado families.
In November 2025, Becket helped the Sheleys, the Archdiocese of Denver, and two Catholic preschools ask the Supreme Court to stop Colorado from excluding Catholic families from the state’s “universal” preschool program because of their faith. In April 2026, the Court agreed to hear the case. The case will be argued in fall 2026.
Importance to Religious Liberty:
Education: Religious schools should be able to participate in publicly available programs, and religious school students should be able to participate in these programs on equal footing as students who attend non-religious schools.