Court: United States Supreme Court, No. 25-581
Case Status: Ongoing, Petition for Writ of Certiorari
Center Involvement: Amicus Curiae Brief
Date of Filing: December 17, 2025

The Robertson Center filed a cert stage amicus brief in St. Mary Catholic Parish v. Roy. The case involves a challenge to a Colorado law creating a preschool funding program to provide all parents of prekindergartners with free preschool education at the private or public school of their choice. The state agency administering the program, however, discriminates against parents who desired to send their kids to Catholic preschools. The Petitioners have argued that Colorado is violating the Free Exercise Clause under Employment Div. v. Smith, but that if Court concludes otherwise, it should overrule Smith.  The Center’s brief focuses on reasons to overrule Smith, borrowing from the Center’s merits brief filed in Fulton v. City of Philadelphia.

Court Filings:
25-581 Amicus Brief