The Supreme Court agreed to hear a case brought by a Catholic preschool challenging its exclusion from Colorado's universal preschool program. The preschool argues the exclusion amounts to religious discrimination in violation of the First Amendment.
The case follows a separate Supreme Court deadlock earlier this year, decided 4 to 4 with Justice Amy Coney Barrett recused, that left in place an Oklahoma ruling barring religious charter schools in that state. Together, the two cases could shape how far states must go to include religious institutions in publicly funded education programs.