Supreme Court to Hear St. Mary Catholic Parish v. Roy on Religious Accommodation

The Supreme Court is set to examine a significant case involving religious accommodations. This morning, attorneys will argue St. Mary Catholic Parish v. Roy, a case brought by the Becket Fund for Religious Liberty. The case questions whether Colorado can legally exclude Catholic preschools from a tuition assistance program, providing around $6,300 annually for pre-K children.

The issue connects with the law of disability accommodations. Currently, Colorado includes schools in its preschool funding program if they accommodate children with specific disabilities, such as blindness or deafness. However, schools prioritizing children with specific religious beliefs, such as Catholic or Evangelical preschools, face exclusion. Colorado argues disabilities deserve particular attention, whereas religious beliefs warrant a straightforward denial.

Laura Wolk Slavis, a blind Catholic and appellate lawyer, shares her perspective on the issue. Her opportunity to practice law depended on the bar exam’s format accommodating blind applicants. Her experiences demonstrate the necessity of accommodations for full participation in education and civic life.

She emphasizes that while disability accommodations include ramps, closed-captioning, and Braille signage, religious accommodations might involve providing kosher food for Jewish servicemembers or allowing Sikh firefighters to wear beards. During historical periods like the American Revolution, pacifists served in alternate ways rather than bearing arms, and Prohibition saw exceptions allowing sacramental wine.

“These accommodations are not indulgences. They are not favors. They are something we have always done to ensure that we as a nation honor everyone’s human dignity.”

Slavis points out that Colorado’s current stance bestows dignity on some while denying others. Despite providing necessary accommodations for disabled children, the state neglects to support Catholic families restricted to preschools aligning with their values. This policy continues even as Catholic preschools face closure, reducing options for many families.

Ensuring human dignity is not favor Colorado can selectively grant. Religious accommodations, similar to disability accommodations, are rights. Therefore, the state must acknowledge and uphold the human dignity of all citizens, regardless of differing religious beliefs.

Laura Wolk Slavis is a counsel at the Becket Fund for Religious Liberty.