Sullivan & Triggs Files U.S. Supreme Court Amicus Brief on Behalf of Interfaith Alliance in Free Exercise Clause Case

SANTA MONICA, Calif. — Sullivan & Triggs, LLP announced today that it filed an amicus curiae brief with the Supreme Court of the United States on August 24, 2026, on behalf of Interfaith Alliance and Interfaith Alliance of Colorado, in support of Respondents in St. Mary Catholic Parish in Littleton, et al. v. Lisa Roy, et al., No. 25-581, a case before the U.S. Supreme Court on writ of certiorari to the Tenth Circuit.

The case concerns Colorado's Universal Preschool Program, which requires participating schools to admit children without regard to eight enumerated characteristics, including their families' sexual orientation and gender identity. Petitioners have argued that protecting children from discrimination violates the Free Exercise Clause of the First Amendment as applied to a Catholic parish and other faith-based schools.

The amicus brief argues that Colorado's nondiscrimination requirement is a neutral, generally applicable law that does not trigger heightened scrutiny under Employment Division v. Smith, and that the record affirmatively shows Colorado sought to include, rather than exclude, faith-based providers in the UPK Program.

"I am honored to represent Interfaith Alliance in this matter. I was raised by two women who were practicing Christians—I grew up attending church and taking part in other faith-based activities. It saddens me that children coming from families like mine could be excluded from publicly funded schools because of who they are, all under the guise of constitutional rights. That is not the inclusive democracy our Constitution is aimed at, and it is not the one Interfaith Alliance fights so hard for." — Courtney Elgart, Partner at Sullivan & Triggs

The Sullivan & Triggs team representing amici curiae Interfaith Alliance and Interfaith Alliance of Colorado included Courtney Elgart, Jean Ralph Fleurmont, Sheldon Eisenberg, and Stephanie Command.

The full amicus brief is available here. The case docket, including all filings, can be viewed on the Supreme Court's website here.

About Sullivan & Triggs, LLP

Sullivan & Triggs, LLP is a Santa Monica–based law firm with a litigation practice spanning entertainment law, complex civil litigation, and arbitration.