Supreme Court Hears Religious Liberty Case Backed by Wagner Faith & Freedom Center

Justices Urged to Protect Religious Schools and Parental Educational Freedom

November 4, 2026

The United States Supreme Court heard oral arguments Tuesday in St. Mary Catholic Parish v. Roy, a consequential religious liberty case examining whether states may condition participation in publicly funded educational programs on religious schools surrendering practices rooted in their sincerely held beliefs.

The Wagner Faith & Freedom Center at Spring Arbor University played an important role in bringing the constitutional issues before the Court, joining two amicus curiae briefs supporting the Catholic schools challenging Colorado's Universal Preschool Program.

William Wagner, the Center's Distinguished Chair for Faith & Freedom and Distinguished Professor Emeritus of Constitutional Law, served as co-counsel for the Center in both filings.

At issue is Colorado's refusal to accommodate Catholic preschools whose religious admissions policies conflict with state requirements concerning sexual orientation and gender identity.

The Center's briefs argue that Colorado's restrictions violate the First Amendment's Free Exercise Clause and undermine the Supreme Court's landmark decision in Carson v. Makin, which protects religious participation in publicly available educational benefit programs.

"The Constitution does not permit government to offer parents educational freedom with one hand and take it away with the other. Religious liberty means little if families must surrender their convictions to exercise their choices," Wagner observed.

The briefs advance two principal constitutional arguments.

First, Carson prohibits excluding religious schools from educational benefits because of their religious exercise, not simply because of their religious identity.

Second, Colorado permits certain secular exceptions to its nondiscrimination requirements while denying comparable religious accommodations. Under Fulton v. Philadelphia, such unequal treatment raises serious constitutional concerns and requires strict judicial scrutiny.

The Center also emphasized that genuine educational freedom requires meaningful pluralism, including opportunities for parents to select schools consistent with their religious convictions.

"Parents possess a fundamental responsibility to direct their children's upbringing. That responsibility does not originate with government, and government cannot condition educational opportunity on abandoning it," Wagner explained.

The Court's eventual decision could significantly influence religious liberty, parental rights, and educational choice nationwide.

For the Wagner Faith & Freedom Center, the underlying principle remains clear: A constitutional Republic must protect religious freedom not only in what citizens believe, but also in how they live, teach, and educate their children.