On November 3, the U.S. Supreme Court will hear oral arguments in a case that asks whether Colorado has unlawfully discriminated against a religious preschool because the school is barred from participating in the state's universal preschool program due to its refusal to accept LGBTQ families. In addition to involving multiple hot-button political and cultural issues, the case also has big implications for the future of federal antidiscrimination law.

St. Mary Catholic Parish v. Roy is not about a state law that directly prohibits a religious preschool from operating. Rather, at issue here is a government requirement that any preschool that wants to participate in the state's universal preschool program, and receive the public benefits that follow, must first satisfy various criteria, including that "each preschool provider provide eligible children an equal opportunity to enroll and receive preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability."

According to the Catholic preschools overseen by the Archdiocese of Denver, however, complying with that rule would force the schools to violate their religious beliefs. "It is undisputed that these preschools would otherwise be eligible [universal preschool] providers," the schools told the Supreme Court. "They are excluded solely because of their religious exercise—namely, their religious practices of ensuring that all enrolling families are supportive of the Catholic Church's teachings on sex and marriage and of treating enrolled four-year-olds in accordance with their biological sex."

These schools can point to a pair of recent Supreme Court precedents that will very likely count in their favor. In Espinoza v. Montana Department of Revenue (2020), the Court held that if a state provides educational subsidies that help parents send their children to private schools, the state "cannot disqualify some private schools solely because they are religious." Then, in Carson v. Makin (2022), the Court held that Maine's tuition assistance program violated the Constitution by excluding private schools that offered "sectarian" education. "A State's antiestablishment interest," the decision said, "does not justify enactments that exclude some members of the community from an otherwise generally available public benefit because of their religious exercise."

I would expect the outcome of St. Mary Catholic Parish v. Roy to follow in this same general pattern and hold something to the effect that when a state provides an educational public benefit, it must make some sort of accommodation for the religious views of the recipients.

In Other Legal News

Justice Elena Kagan made news a few months back when she defended her conservative colleagues on the Supreme Court from the oft-heard charge that they are totally in the tank for President Donald Trump. "I don't see this as a court that is just like, 'We're just going to rubber stamp what the current administration does.' You know, quite the opposite," Kagan said. "I think that that is a bad rap." In support of her argument, Kagan pointed to the fact that the Supreme Court had recently ruled against Trump on the two big issues that Trump himself valued the most: tariffs and birthright citizenship.

Kagan was in the news again on Tuesday, this time because she publicly blasted those same conservative colleagues for issuing decisions on voting rights and political gerrymandering that, in Kagan's words, have produced "a democracy that does not work as well as it should." According to Kagan, the Court's conservative majority "has kind of blinded itself to the very deleterious effects of their rulings on how the political system works."

Does this mean that Kagan has now stopped defending the conservative justices from the pro-Trump charge? Not at all. In fact, as The New York Times put it, "she reiterated her defense of the conservative-dominated bench from a July appearance and said it was a 'bum rap' to suggest the court had been too deferential to Mr. Trump."

I don't know about you, but I find Kagan to be a refreshing public figure in these simplistic, partisan times. She is a staunch legal liberal with clearly stated objections to what the Supreme Court's conservative majority is getting up to, yet she refuses to be associated with the laziest progressive attacks on the Court. How many people of comparable public stature these days are willing to call out the shortcomings of their own side?

The post A Religious Preschool Is Barred From a State's Universal Preschool Program. SCOTUS Will Decide What's Legal. appeared first on Reason Magazine.

Elk, bear, frogs and other animals have used the overpass, which connects 39,000 acres of habitat, since its completion

Colorado officials have tracked herds of elk, bears, pronghorn and even northern leopard frogs ambling across its new wildlife overpass. According to a newly released report, the overpass, which acts as a bridge over a busy stretch of interstate, has helped cut wildlife-vehicle collisions by 91% since its completion 10 months ago.

The overpass is the centerpiece of a larger system built by the state to assist wildlife crossing the highway, which also includes miles of 8-ft tall fencing and five large wildlife underpasses.

• As a Colorado local, I love bringing first-time visitors to the state to Golden instead of Denver.
• It's a short drive from downtown Denver with beautiful mountain views and a walkable downtown.
• There are great places to eat alongside mountain views, hike, and enjoy the scenery in Golden.

I've lived in Colorado for over a decade. If I had just a single day to show someone what I love about the state, I wouldn't take them to our capital city, Denver.

Instead, I'd bring them to the much smaller city of Golden.

Golden gives has a little bit of everything for visitors: mountains and hiking trails, a creek running through town, a historic downtown made for wandering on foot, and plenty of places to eat and drink.

It's located just about 15 miles west of downtown Denver, or about a 25-minute drive, and typically less than an hour's drive from the Denver International Airport.

Here's why I love bringing out-of-towners to Golden — and where I'd take them when they visited.

I'd start the morning with coffee at a family-owned shop.

Golden has several coffee shops, but I'd start my perfect day here at Sogo Beans and Boards.

The family-owned coffee and skate shop is just minutes from downtown. I love that Sogo air-roasts its fair-trade coffee and makes its own syrups and pastries.

Its plant-filled room, free Wi-Fi, and garden patio make it easy to linger over a latte, and it's the kind of independent shop that makes a morning feel unhurried.

We'd spend lots of time outside, which is easy to do in Golden

The city makes it easy to go from a coffee shop to a trail without a long drive.

For a leisurely morning, I'd rent an e-bike and follow the paved Clear Creek Trail, which winds alongside the water through parks and greenery.

For more of a workout, I'd hike North Table Mountain, where the initial climb stings but rewards you with sweeping views of the city and surrounding mesas.

In warmer months, tubing on Clear Creek is another way to take in the town's outdoor culture and scenic views.

If I had more time, I'd take the short drive from town to visit Golden Gate Canyon State Park, a beautiful place to enjoy aspen groves and mountain scenery. Come winter, the same park is a serene place to snowshoe through snow-covered trails.

The Golden Mill is my go-to for lunch

After working up an appetite, I'd head to The Golden Mill, a food hall and community gathering space along Clear Creek.

It offers several food concepts — from sushi and tacos to fried chicken, barbecue, and New Zealand-style ice cream — which means a group with different tastes can all leave happy. More than 50 self-pour taps offer beer, wine, cider, and more.

The best part is the setting. Large creekside and rooftop patios have mountain views, which makes it an ideal spot to settle in after a morning outside.

My sister and I recently spent a morning there for rooftop yoga led by a local teacher, then walked around town afterward before returning for lunch.

It was peaceful, and it reinforced what makes the place work: It feels less like a traditional restaurant and more like somewhere you can spend a few hours eating, drinking, and watching Golden go by.

The yoga is a summer series that typically returns in May, and the event lineup rotates with the seasons. Past offerings have included rooftop barre and Keg Conditioning, a workout that uses empty kegs as equipment.

Downtown is made for wandering

Washington Avenue is lined with locally owned boutiques, galleries, and Western outfitters, and a seasonal Saturday farmers market adds to the scene.

Kayakers can play at Clear Creek Whitewater Park and beer fans can tour the Coors Brewery. Coors began brewing beside the creek in 1873.

One year later, the Colorado School of Mines was established nearby. It's part of an industrial past you can still sense as you walk.

I'd leave some of the afternoon unscheduled, too. Part of Golden's appeal is simply walking along the creek, looking up at the foothills, and stopping wherever something catches your attention.

Golden is proof that the best trips aren't always the flashiest

All of the above is ultimately why I'd choose Golden for someone's first taste of Colorado.

Denver has plenty to offer, but Golden gives you a concentrated version of the state I'd want to share with a first-time visitor: mountain views without a long mountainous drive; outdoor adventure alongside a walkable downtown; and enough food, beer, and local character to fill the day.

Sometimes it's not the most extravagant destinations that create the most meaningful memories. Some of my favorites in Golden have been the simplest, like that quiet morning with my sister.

After more than a decade here, that combination of ease and charm still feels like Colorado to me.

The first hearing of the Supreme Court’s new term on Monday addressed one of the most consequential cases for the U.S. energy sector: The City of Boulder v. Suncor Energy, a lawsuit regarded as one of the major battles over liability for climate change. Framed by many as a David-and-Goliath dispute, the City of Boulder, Colorado, sued two oil companies seeking accountability for climate change. Justices heard the parties’ arguments for roughly two hours and questioned lawyers on technical and jurisdictional matters. These are the key points in one of the most important court battles expected in the coming months.

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The U.S. midterm elections will not only determine who will occupy the Congressional seats and governorships up for grabs in November. In several states, voters will also find ballot measures seeking to amend laws, approve tax changes, or add new provisions to state constitutions.

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Just 20 minutes from Denver International Airport, plans are under way for an ambitious project on a stretch of empty land larger than Manhattan’s Central Park.

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