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Brett Kavanaugh Asks Trump DOJ Lawyer If Religious Exemptions Offer 'Favor'

Brett Kavanaugh Asks Trump DOJ Lawyer If Religious Exemptions Offer 'Favor'

Summary

The Supreme Court heard arguments in a case over whether Colorado may bar a Catholic preschool from a publicly funded preschool program because it does not follow the program’s nondiscrimination rules. Justice Brett Kavanaugh questioned DOJ lawyer Sarah Harris about whether religious exemptions could amount to “favor”; the court has not yet ruled.

Key Facts

  • The case is St. Mary Catholic Parish v. Roy.
  • Colorado’s universal preschool program provides families with more than $6,000 to help pay for preschool.
  • The dispute concerns requirements related to nondiscrimination based on sexual orientation and gender identity.
  • Catholic parents Dan and Lisa Sheley say the program should fund their children’s attendance at St. Mary’s Catholic Parish.
  • Colorado says faith-based providers may participate if they follow the program’s equal-opportunity requirements.
  • The Supreme Court is considering how religious-exemption rules under Employment Division v. Smith apply and whether Carson v. Makin changes that rule.
  • Nicholas Reaves of the Becket Fund for Religious Liberty argued for the petitioners.
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