Meanwhile, in first grade, the school officials balked at a physiologically male student using the girl's room. They offered gender neutral bathrooms, but his parents felt this was discrimination, and so contacted the Transgender Legal Defense and Education Fund. When their attorney couldn't persuade the school, the group and the family decided to file a state civil rights complaint.
Coy, meanwhile, is being homeschooled, in part because his parents fear bullies will make fun of him.
The school district holds that it acted appropriately. "The district firmly believes it has acted reasonably and fairly with respect to this issue," said the school district's attorney, W. Kelly Dude. "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."
The school wants to give no precedence to policies that will lead to trouble as Coy's male anatomy hits puberty.
Colorado law prohibits "discrimination in employment, housing and places of public accommodations against an individual based upon actual or perceived sexual orientation. Sexual orientation is defined as heterosexuality, homosexuality (lesbian or gay), bisexuality, and transgender status. Transgender status means a gender identity or gender expression that differs from societal expectations base on gender assignment at birth."
But bathroom regulations are spelled not out, and lead to such ambiguity as Coy and his parents are facing. It will be the first case to challenge restroom restrictions under the state's anti-discrimination act. What will become of it is not at this time transparent.
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