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The Supreme Court will hear oral arguments on Nov. 3 in its major case asking whether Colorado can force Catholic preschools to enroll children of same-sex couples to receive public funds.
The justices previously agreed to take up the case, which provides a pathway for the high court to narrow a major religious precedent.
On Tuesday, the court released its November argument calendar, setting the stage for the case to be heard on the same day as the midterm elections.
It’s the latest First Amendment challenge to Colorado’s LGBTQ protections to arrive at the Supreme Court.
Colorado requires that schools provide an “equal opportunity to enroll,” regardless of sexual orientation, to receive universal preschool funding.
Catholic parishes, parents and the Archdiocese of Denver say they’re being forced to choose between maintaining their views opposing same-sex marriage and accepting public funds.
The dispute provides an opportunity for the Supreme Court to consider narrowing its 1990 decision, Employment Division v. Smith. The precedent enables laws that burden religious exercise, so long as they are neutral and generally applicable.
Several of the Supreme Court’s conservative justices have suggested the decision blesses the government to overreach into religious liberty.
A decision is likely by next summer.
The case is one of seven newly scheduled for the November session. The justices are also set to hear arguments in disputes that implicate visa fines and damages claims against government officials, among others.
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