This state’s on an epic Supreme Court losing streak — here’s why
Colorado has repeatedly lost Supreme Court cases involving religious freedom and free speech, with the Court ruling against the state in multiple high-profile decisions since 2018. The state continues to enforce policies that the Court has deemed discriminatory against religious exercise and viewpoint expression. Upcoming case St. Mary Catholic Parish v. Roy may extend Colorado's losing streak, as it challenges the exclusion of religious schools from public preschool funding.
- ▪Colorado created a universal preschool program but excluded Catholic schools unless they abandoned faith-based admissions practices.
- ▪The Supreme Court has ruled against Colorado in three major First Amendment cases since 2018, including Masterpiece Cakeshop v. Colorado Civil Rights Commission and Chiles v. Salazar.
- ▪In each case, the Court found Colorado engaged in religious hostility or viewpoint discrimination, with rulings often including support from both conservative and liberal justices.
- ▪The upcoming case St. Mary Catholic Parish v. Roy centers on whether Colorado can bar religious schools from public funding based on their religious doctrines.
- ▪Colorado’s repeated losses highlight a pattern of constitutional violations related to the Free Exercise and Free Speech Clauses.
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Opinion This state’s on an epic Supreme Court losing streak — here’s why By Carrie Severino Published May 4, 2026, 5:30 a.m. ET The state of Colorado has lost a series of Supreme Court cases involving freedom of speech. Photo by Roberto Schmidt/Getty Images Last month the US Supreme Court agreed to hear St. Mary Catholic Parish v. Roy, a case that almost writes its own headline: Universal for me, but not for thee. Colorado created a “universal” preschool program, promising every family in the state free preschool at the school of their choice, public or private. Then it barred Catholic schools from participating unless they agreed to abandon admissions practices rooted in their faith.
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