Lankford, Walberg Lead Amicus Brief Defending Religious Liberty in Supreme Court School Choice Case

OKLAHOMA CITY, OK - US Senator James Lankford (R-OK) and House Education and Workforce Committee Chairman Tim Walberg (R-MI-05) led 43 Members of Congress-35 Representatives and eight Senators-in filing an amicus brief in St. Mary Catholic Parish in Littleton, CO, et al. v. Lisa Roy, et al., a case the US Supreme Court will hear during its October 2026 Term.

The brief urges the Court to protect the constitutional rights of faith-based schools participating in school choice programs and warns that allowing the 10th Circuit's decision to stand could undermine Congress's tax credit scholarship program established under the Working Families Tax Cuts Act.

"In Oklahoma, we believe parents know what's best for their kids, including what school fits their family's faith," said Lankford. "Colorado decided Catholic preschools didn't get the same shot as everyone else, just because of their beliefs. That's not religious liberty, that's discrimination. I'm proud to join this brief and ask the Court to protect every family's right to choose a school that reflects who they are."

"Every family deserves the freedom to choose the school that's right for their child, including a faith-based school," said Walberg. "When parents have more educational options, students have a better chance to learn in an environment where they can thrive. That's exactly what Congress worked to expand through the Working Families Tax Cuts Act. States shouldn't be able to shut faith-based schools out of school choice programs. That's not religious liberty, and it's not what the Constitution requires. We urge the Supreme Court to reverse the 10th Circuit's decision."

Background

Colorado's universal preschool program gives families funding to send their children to the public or private preschool of their choice. But while the state made exceptions for some secular schools, it excluded Catholic preschools from participating because those schools ask families to support Catholic teachings on sex and gender.

In September 2025, the 10th Circuit Court of Appeals ruled that Colorado could exclude Catholic preschools from its universal preschool program. The Supreme Court agreed to hear the case next term.

The Members' brief argues that if the 10th Circuit's decision is allowed to stand, states could adopt similar policies that effectively exclude faith-based schools from participating in the federal tax credit scholarship program established under the Working Families Tax Cuts Act, which Congress enacted in 2025, undermining the religious freedom protected by the First Amendment.

Joining Lankford and Walberg are US Senators Ted Budd (R-NC), Kevin Cramer (R-ND), Ted Cruz (R-TX), Chuck Grassley (R-IA), Jim Justice (R-WV), Roger Marshall (R-KS), and Pete Ricketts (R-NE); and Representatives Robert B. Aderholt (R-AL-04), Rick W. Allen (R-GA-12), Tom Barrett (R-MI-07), Michael Baumgartner (R-WA-05), Aaron Bean (R-FL-04), Andy Biggs (R-AZ-05), Sheri Biggs (R-SC-03), Mike Bost (R-IL-12), Jeff Crank (R-CO-05), Byron Donalds (R-FL-19), Gabe Evans (R-CO-08), Randy Fine (R-FL-06), Virginia Foxx (R-NC-05), H. Morgan Griffith (R-VA-09), Glenn Grothman (R-WI-06), Mark Harris (R-NC-08), Clay Higgins (R-LA-03), Julia Letlow (R-LA-05), John McGuire (R-VA-05), Mark Messmer (R-IN-08), Mary Miller (R-IL-15), John Moolenaar (R-MI-02), Riley M. Moore (R-WV-02), Andy Ogles (R-TN-05), Bob Onder (R-MO-03), Burgess Owens (R-UT-04), August Pfluger (R-TX-11), John Rose (R-TN-06), Michael A. Rulli (R-OH-06), John Rutherford (R-FL-05), Adrian Smith (R-NE-03), Chris Smith (R-NJ-04), Daniel Webster (R-FL-11), and Joe Wilson (R-SC-02).

You can find the full text of the brief HERE.

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