The Supreme Court heard oral arguments on Tuesday in St. Mary Catholic Parish v. Roy, a church-state case testing religious groups’ ability to participate in Colorado’s state-funded universal preschool program.

Two Catholic parishes and two Catholic families are suing the state over whether religious preschools should be exempt from nondiscrimination rules banning them from bias in admissions based on religious affiliation, ethnicity, race, sexual orientation, gender identity or a range of other factors.

The Archdiocese of Denver sought an exemption to allow its schools to admit only families that align with Catholic teachings, arguing that the nondiscrimination provision constitutes a de facto ban on religious schools’ participation. Court watchers expect the court’s conservative majority to rule in favor of the plaintiffs.

“The Archdiocese of Denver’s schools exist to pass on the faith to the next generation,” Nicholas Reaves, an attorney for the plaintiffs, said during oral arguments. “To do this, they ask all families who enroll to be open to and supportive of the church’s teachings. Because of this sincere religious exercise, the state has denied Colorado families the ability to use universal preschool funding at Catholic schools.”

Sarah Harris, the U.S. principal deputy solicitor general, also argued in favor of the plaintiffs.

Conservative justices suggested that the nondiscrimination rule was effectively geared toward excluding religious schools from participating in the program. Liberal justices argued that the plaintiffs were not seeking equal treatment, but rather a special exemption from rules to which other schools are subject.

“The only thing Colorado asks is that they comply with the same conditions that every publicly funded preschool must meet, religious and secular alike,” Helen Norton, the state’s deputy solicitor general, said. She said that religious preschools are still free to teach religious precepts on any issue while receiving public funding.

The case follows a series of others in recent years relating to religious schools’ ability to participate in programs providing public funding for private education. Reaves argued that laws like Colorado’s were designed to circumvent previous rulings that barred states from explicitly excluding religious schools.

Chief Justice John Roberts said in his questions that there was a difference between the explicit exclusion of religious schools and the facts of this case.

Nathan Diament, executive director of the Orthodox Union Advocacy Center, which filed an amicus brief in the case in support of the Catholic plaintiffs, attended oral arguments on Tuesday.

While acknowledging that it can be difficult to predict the outcome of cases based on oral arguments, he said that he would not be surprised to see a 6-3 decision with all of the conservative justices siding with the plaintiffs.

“Colorado’s condition would force schools to choose between participating in the subsidized preschool program and compromising their religious identity,” Diament wrote in a Wall Street Journal op-ed, noting that the case pertains not to explicit discrimination against religious schools but “conditions that force religious schools to choose between accessing public benefits and compromising their values.”

“Orthodox Jewish day school isn’t a secular school that happens to be operated by Jews. These schools create a uniquely Jewish educational community that is part of a larger religious mission,” he added. “Such schools wouldn’t be able to maintain their religious character if they were forced to accept students who don’t share the educational and religious mission.”

Speaking to JI, Diament also warned that, if the provisions were allowed to stand, the case would open the door to requirements from a state or federal government to place restrictions or conditions on other grant funding — including the Nonprofit Security Grant Program that provides security funding to houses of worship and nonprofits.

“Parents shouldn’t have to choose between their faith and their child’s education,” Rep. Tim Walberg (R-MI), the chair of the House Education & Workforce Committee, said in a statement. “Faith-based schools deserve the same opportunity to participate in publicly funded programs as other schools. The Supreme Court has an opportunity to uphold religious liberty and protect educational freedom for families across the country.”