“This is by far the high-water mark for cases dealing with the rights of transgendered people to access bathrooms,” said the Mathis family’s attorney, Michael Silverman of the Transgender Legal Defense & Education Fund. He and other advocates said the case is one of several potentially ground-breaking transgendered civil-rights cases winding their way through U.S. courts.
The Maine Supreme Court is considering the case of a 15-year-old transgender girl who was forbidden from using the girls’ bathroom at her school.
Last year, Vice President Joe Biden called transgendered rights “the civil rights issue of our time.” Sixteen states, including Colorado, and the District of Columbia expressly outlaw discrimination against transgendered people.
Mat Staver of Liberty Counsel, which focuses on religious and family litigation, said transgender cases are “a mockery of civil rights.” He said his group got involved defending a department store employee who was disciplined for ordering a person who was obviously male to leave the women’s changing room.
“How do you know if someone is really thinking this way or not?” Staver asked, adding that Coy is too young to decide on such a different identity. “How do you know if someone just wants to go in the restroom and be a peeping Tom?”
Coy was born a triplet with two sisters and identified as a girl before she began attending elementary school. She showed little interest in toy cars and boy clothes with pictures of sports, monsters and dinosaurs on them. She refused to leave the house if she had to wear boy clothes. After her parents accepted her identity, they said, Coy came out of her shell.
Coy was diagnosed with “gender identity disorder” — a designation the American Psychiatric Association removed last year from its list of mental ailments. The removal reflected the growing medical consensus that identification as another gender cannot be changed.
The Mathises said they feared the district’s decision would stigmatize Coy, who was reduced to tears when her teacher briefly put her in the boys’ line. When she came home, according to legal records, she cried to her parents: “Not even my teachers know I’m a girl!” When Coy rose to first grade, the district forbade her from using the girls’ restroom.
The Fountain-Fort Carson School District 8 declined to discuss the case Monday.