The family of a 6-year-old transgender Colorado girl who was banned from using her school's girls' bathroom are disappointed that the school district is refusing to enter into mediation talks with them so she could return to the school, according to The Colorado Springs Gazette.
Coy Mathis, a first-grader who had been attending Eagleside Elementary School in Fountain, Colo., is now being home schooled after the school told her in January that she could not longer use the girls' bathroom. Fox31 reports that the school told them Coy's only options were to use the nurse's bathroom, the boy's bathroom or the staff bathroom.
Coy was born a boy, but identifies as a transgender female and had been attending the school since 2011, however her parents say not until January of this year had the school confronted them with this.
So, her parents, Kathryn and Jeremy Mathis, filed a complaint against Fountain-Fort Carson School District 8 with the Colorado Civil Rights Division in February with the hopes that the school would change its stance, according to The Denver Post.
Unfortunately, it appears they will not. The Gazette reports that not only will the school district not enter into mediation with the family, they are also refusing to comment on their decision not to do so.
"They’re creating a giant divide and that’s a huge loss for the school because they have a really good opportunity for their students," Kathryn told Fox 31 KDVR.com. "They’re using it as a way to discriminate instead."
But WPTV cites attorney W. Kelly Dude, who represents Fountain-Fort Carson School District 8, as saying there are no Colorado cases which require public schools to permit transgender students to use restrooms of the gender with which they identify thus far.
Dude added that in ruling that Coy wouldn't be allowed to use the girls' restroom, the school "took into account not only Coy but other students in the building, their parents, and the future impact a boy with male genitals using a girls' bathroom would have as Coy grew older," according to the report.
"However, I'm certain you can appreciate that as Coy grows older and his male genitals develop along with the rest of his body, at least some parents and students are likely to become uncomfortable with his continued use of the girls' restroom," Dude added.
But Coy's family says that separating their daughter from the rest of her classmates sends a message that it is okay to discriminate.
Last month, Fountain-Fort Carson School District 8 released this statement about their decision:
The parents of Coy Mathis have filed a charge of discrimination with the Colorado Division of Civil Rights. They have chosen to publicize this matter by appearing on a nationally televised show with their child, sharing their point of view with national and local media, and holding a public press conference to announce the filing of the charge. The District firmly believes it has acted reasonably and fairly with respect to this issue. However, the District believes the appropriate and proper forum for discussing the issues identified in the charge is through the Division of Civil Rights process. The District is preparing a response to the charge which it will submit to the Division. Therefore, the District will not comment further on this matter out of respect for the process which the parents have initiated.