Not too many generations ago, preschool was for the relative few who could afford it. Today, it's a standard step in the education of most American kids. For those who can't afford it, there's a growing support system of publicly funded programs to pay for it.

Given the sheer number, and diversity, of children enrolled in preschool nowadays, parents naturally want preschool options that fit their priorities and values. They want parental choice in pre-K education, just as they do in their kids' K-12 schooling.

So, it was encouraging to see a federal court take action last week to advance parental choice for preschoolers enrolled under Colorado's publicly funded universal preschool program. U.S. District Judge Daniel D. Domenico granted a preliminary injunction Saturday permitting the Darren Patterson Christian Academy in Buena Vista to participate in the program while also adhering to its faith-based standards as its lawsuit against the state proceeds.

The pre-K-through-8th grade academy has already been accepted into the state preschool program and has even received some reimbursement from the state for tuition. However, the school is unsure it can continue participating in light of program rules requiring non-discrimination on gender identity and related considerations.

The academy points out its policies that include limiting bathroom use and personal pronouns to a person's biological sex, instead of their professed gender identity, seem to violate the program's terms. So, the school sought an exemption from the Department of Early Childhood.

The department has been coy. It denied the exemption last spring, saying it didn't have the authority to grant one. Yet, it hasn't disputed the school's reading of the state regulations, and while the program's administrators have allowed the school to participate, they don't deny the department could make an about-face if a third party files a complaint against the school.

To get clarity on the matter, the academy sued in federal court. It contended its First Amendment rights were at stake. The rules would force it to abandon its religious beliefs — which attract families to the school in the first place — in order to receive critical state funding.

In issuing the injunction, the judge found, the "Plaintiff is likely to succeed on its claims arising from the First Amendment religion clauses." And he found that the plaintiff, "is also likely to succeed on the merits of its Free Speech claim, at least to the extent that the state would require plaintiff and its staff to use a student's or employee's preferred pronouns as a condition of participating in the program."

Indeed, as the judge noted, the state's attorneys never even contested the school's fundamental civil-rights arguments.

This doesn't settle it, of course; the case still must be adjudicated. But Domenico's injunction says a lot. And it's a safe bet the Polis administration — while theoretically supportive of a state non-discrimination policy many Coloradans might consider extreme and discriminatory against religion — is breathing a sigh of relief. The injunction lets the administration tell people on both sides of the issue its hands are tied, and the court has spoken.

Politics aside, the court action has the potential to expand the portfolio of school choice — which is a windfall for parents. The state preschool program was intended to afford parents wide flexibility in choosing providers.

This development does just that, empower parents who want their 3- and 4-year-olds to attend a preschool where boys are boys and girls are girls. It's their choice, as it should be.

REPRINTED FROM THE COLORADO SPRINGS GAZETTE

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