Supreme Court’s trend on church and state is a reminder conservatives have a steady grip on the nation’s laws

The Supreme Court heard arguments Tuesday in a dispute over whether Colorado must fund Catholic preschools that turn away children of same-sex parents. Election Day drew most of the public's attention, but the case shows how firmly conservatives still shape American law, whatever happens in the political arena. The challengers, in Saint Mary Catholic Parish v. Roy, object to a state rule for its universal preschool program: every participating provider, whether public, private or religious, must accept a policy against discrimination, including on sexual orientation and gender identity. Lower courts upheld Colorado, citing the 1990 Employment Division v. Smith decision by Justice Antonin Scalia, which let states enforce neutral laws even when religion was incidentally burdened, according to CNN.

Chief Justice John Roberts has largely sidelined that precedent through a series of rulings. It began with Trinity Lutheran Church v. Comer in 2017, decided after Justice Neil Gorsuch arrived following a 15-month postponement prompted by Scalia's death. Roberts first limited the ruling to a Missouri playground program and to discrimination based on a church's identity. Justice Sonia Sotomayor warned in dissent that far more was at stake.

Summarized by PolitiKool from CNN’s reporting. Read the full story at CNN →