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Sutherland submits amicus brief to U.S. Supreme Court for religious freedom case
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December 17, 2025

SALT LAKE CITY (December 16, 2025) – Today, Sutherland Institute released a statement from Constitutional Law and Religious Freedom Fellow William C. Duncan about its amicus curiae brief submitted to the Supreme Court in the religious freedom case St. Mary Catholic Parish v. Lisa Roy.

The case follows the Colorado Department of Early Childhood’s decision to exclude Catholic preschools from the state’s universal preschool program, citing the church’s stance on marriage and sexuality.

“The Supreme Court has a significant opportunity to make clear that states cannot avoid the constitutional protection of religious exercise by imposing regulations on public spending programs that burden parents as they seek to exercise their responsibility to direct the education of their children.”

“Parents have a right to bring their children up in their faith and moral convictions. Governments cannot foreclose educational choices of parents for religious reasons by attaching variable strings to the programs they create.”

The brief is available here:

​Sutherland submitted a brief to the 10th Circuit Court of Appeals in Darren Patterson Christian Academy v. Lisa Roy, et al., covering a similar legal issue. That earlier press release can be viewed here.

Bill Duncan is available for media interviews. To schedule, please contact Nic Dunn at 801-349-5961 or nic@sifreedom.org.

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Media Contact:

Nic Dunn

Vice President of Strategy and Senior Fellow

801-349-5961 | nic@sifreedom.org

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