Supreme Court to Hear Religious Freedom Case Championed by AG McCuskey's 22-State Coalition
Summary
The United States Supreme Court has agreed to hear St. Mary Catholic Parish v. Roy, a religious freedom case in which West Virginia Attorney General JB McCuskey led a coalition of 22 state attorneys general as amici curiae. St. Mary's Catholic preschool sued Colorado after being excluded from the state's universal preschool program because key tenets of Catholic belief about marriage and biological sex were deemed discriminatory. The coalition argues that First Amendment Free Exercise protections apply even when state actions use facially neutral language.
“The Supreme Court accepts fewer than two percent of cases it is asked to review, making today's grant of certiorari a significant victory.”
What changed
The Supreme Court's grant of certiorari in St. Mary Catholic Parish v. Roy marks a rare acceptance — the Court reviews fewer than two percent of cases submitted for review. West Virginia Attorney General McCuskey's coalition of 22 states filed an amicus brief arguing that the First Amendment's Free Exercise Clause protects religious institutions even when a state employs facially neutral program criteria. The coalition contends that Colorado's preschool exclusion, based on Catholic teachings regarding marriage and biological sex, constitutes impermissible discrimination against religious beliefs.
Religious schools and institutions should monitor this case closely. If the Supreme Court rules for the petitioners, the decision could clarify that facially neutral government programs cannot categorically exclude religious organizations based on their sincere beliefs. Such a ruling may affect how states design and administer public benefit programs involving faith-based institutions. State agencies administering similar programs should review eligibility criteria that may implicate religious-character assessments.
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Apr 21, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Supreme Court to Hear Religious Freedom Case Championed by Attorney General McCuskey's 22-State Coalition
April 20, 2026
West Virginia Attorney General JB McCuskey announced that the United States Supreme Court today agreed to hear St. Mary Catholic Parish v. Roy, a major religious freedom case in which West Virginia led a coalition of 22 attorneys general as friends of the court. St. Mary’s Catholic preschool sued over being excluded from Colorado’s universal preschool program. The state barred Catholic schools from receiving funding through the program, calling key tenets of their beliefs – about marriage and biological sex – discriminatory.
“It’s a great day for parents, children, and religious freedoms. I’m so pleased the Supreme Court has agreed to hear this case. It’s time that these attacks on religious beliefs are stopped. Liberal legislatures and courts cannot override the constitution by passing and protecting anti-religious laws disguised as non-discrimination provisions. I am confident that the petitioners in this case will win,” Attorney General McCuskey said.
The Supreme Court accepts fewer than two percent of cases it is asked to review, making today’s grant of certiorari a significant victory. The coalition’s amicus brief explains why First Amendment Free Exercise protections apply even when a state uses language that is facially neutral.
Read background in the amicus brief here.
Contact Name Kallie Cart
Contact Phone
304-558-2021 Contact Email kcart@wvago.gov
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