St. Mary’s Catholic Parish School in Colorado (Becket)

“Why not seek the win/win?” Justice Brett Kavanaugh posed that question to Colorado’s attorney during oral argument last week in St. Mary Catholic Parish v. Roy, a case involving Catholic preschools and the state’s nondiscrimination requirements. With thousands of preschools participating in Colorado’s program, why couldn’t the state accommodate a small number of Catholic schools while protecting the interests of families headed by same-sex couples?

In this Legal Spirits Short Take, Mark Movsesian takes Kavanaugh’s question as a starting point for a broader reflection: Why is compromise so difficult in conflicts between religious freedom and LGBTQ equality? He explores how these disputes implicate deeply held convictions on both sides about identity and dignity—and why even seemingly practical accommodations can prove so elusive. Listen in!

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