Forums > Debate & Discussby: Dovahkiin

Transgender 1st grader fights for her rights

posted 27th Feb
(CNN) -- A transgender rights group announced Wednesday that it has filed a discrimination complaint in Colorado on behalf of a first-grader who was born a boy but identifies as a girl.

The filing stems from a decision announced last December by officials at Fountain-Fort Carson School District that Coy Mathis could no longer use the girls' bathroom at Eagleside Elementary.

Mother Kathryn Mathis said she and her husband were shocked.
"We were very confused because everything was going so well, and they had been so accepting, and all of a sudden it changed and it was very confusing and very upsetting because we knew that, by doing that, she was going to go back to being unhappy," she told CNN. "It was going to set her up for a lot of bad things."

Coy was born with male sex organs but has identified as female since she could express herself, her mother said. The child had attended classes during her kindergarten year with no problems and no complaints from anyone at the school, Mathis told reporters at the Colorado Capitol in Denver, where she was flanked by her husband, Jeremy, and four other children.

Wearing a girl's winter coat, Coy stood behind her mother.
Afraid bullies would make fun of her daughter, Kathryn Mathis said she pulled Coy out of school during winter break.

"In the end, we just want what is the best for Coy," Mathis said about the complaint. "We want her to be able to go back to school and be treated equally without discrimination and harassment."

Attorney Michael Silverman of the Transgender Legal Defense and Education Fund, which is representing Coy, said the complaint -- which was filed with the Colorado Civil Rights Division -- is intended to have an impact beyond a single family or school.

"For many transgender people, discrimination is a daily part of life. Unfortunately for Coy, it has started very early," he said, adding that the complaint is a "test of Colorado's Anti-Discrimination Act."

"The world is going to be looking at the school," he said, which can "send a message to the world and teach tolerance, fair play and equal rights."

A girl's life
For most of the past year, Coy has dressed as a girl.
Coy's passport and state-issued identification recognize her as female.

Kathryn Mathis said she got a call "out of the blue" from the school in December saying that Coy could use the boys' bathroom, gender-neutral faculty bathrooms or the nurse's bathroom, but not the girls' facilities.

The district "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," a letter the family's attorney received in December said.

"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."

In a statement Tuesday, the district's attorney, W. Kelly Dude, said: "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."
"It's sad that the Mathis family had to file a civil rights complaint in order for their daughter to be treated equally," said Herndon Graddick, president of the Gay & Lesbian Alliance Against Defamation, in a statement. "The students clearly aren't the only people at this school who need more education."

A little-studied group
Transgender children experience a disconnect between their sex, which is based on their anatomy, and their gender, which includes behaviors, roles and activities, experts say.

For the general public, transgender identity may be a new concept, though many might recall Chaz Bono, the child of entertainers Sonny and Cher. Born female, Bono underwent a transition in his 40s to become a man. He wrote in his book "Transition" that, even as a child, he had been "aware of a part of me that did not fit."

He appeared last year as a man on "Dancing with the Stars," in part, he said, to destigmatize being transgender.

Comprehensive data and studies about transgender children are rare. International studies have estimated that anywhere from 1 in 30,000 to 1 in 1,000 people are transgender.

Some children as young as age 3 show early signs of gender dysphoria or gender identity disorder, mental health experts who work with transgender children say.

These children are not intersex -- they do not have a physical disorder or malformation of their sexual organs. The gender issue exists in the brain, though experts do not agree on whether it's psychologically or physiologically based.
Many transgender people report feeling discomfort with their gender as early as they can remember.

Gender identity is often confused with sexual orientation. The difference is that "gender identity is who you are, and sexual orientation is who you want to have sex with," said Dr. Johanna Olson, a professor of clinical pediatrics at the University of Southern California, who treats transgender children.

Children around age 3 are probably not interested in sexual orientation, she said. But experts say some children who look like they will be transgender in early childhood turn out to be gay, lesbian or bisexual.

Differences in schools
School policies toward transgender students vary across the United States.
In New York, for example, the law says students can't be discriminated against on the basis of their gender identity.

But in Maine, a court ruled in November that a school district did not violate a transgender student's rights when she was told she couldn't use the girls' bathroom.

Gender nonconformity is not a disorder, group says
Dude, the Colorado school district's attorney, has said there is nothing in that state requiring public schools to permit transgender students to use restrooms intended for the gender with which they identify.

He added that the Fountain-Fort Carson School District adheres to the Colorado Anti-Discrimination Act in all respects: "Coy attends class as all other students, is permitted to wear girls' clothes and is referred to as the parents have requested."

She also has easy access to bathrooms other than the girls', Dude said.
Coy's case will be the first to challenge a restroom restriction under the state's anti-discrimination act, the Transgender Legal Defense and Education Fund said.
For now, the first-grader is being home-schooled.

Reaction to Coy's story
CNN's online audience has responded to this story with a range of questions and comments, with many saying the child is too young to comprehend gender differences. Mostly, posters said they felt sorrow for Coy as a child who is struggling.

"Just let the kid use the gender-neutral bathrooms. When he/she is a teen, if he is still convinced he is a girl, maybe then you can get into it with the school," said commenter EDM.

"This kid is going to have a hard enough life if he really is transsexual, why start fighting battles now, when he should just be blissfully ignorant"?

"My rash view may be unfair, but I remember being that age and have helped raise 9 nieces and nephews. One wanted to be a firetruck and ran around making truck noises. Another one of the boys liked to play dress up with the girls," AlawJ wrote. "My fiance's little brother always wore dresses as well. But, at the end of the day, the parents are there to be the adults and make decisions for them.

"I also am a little weary when you read a story where the parents are filing lawsuits for their 6 year old child's rights."

If Coy were your child, would you be upset she could no longer use the girls' bathrooms, or would you understand the district's reasoning?
quote
I have 1 angel baby & live in Kentucky
posted 27th Feb
The little girl should be allowed to use the girls bathroom, OR, a single person bathroom (like how the clinic may have a bathroom for sick kids) OR the staff bathroom. They need to accommodate her if they feel it is so wrong for her to be with other kids.
quote
I have 1 child & live in Golden, Colorado
posted 27th Feb
The restroom has stalls. I don't understand why this is even an issue. She should be able to use the girl's restroom. How would the other children even know she was a biological male?
quote
I live in Maine
posted 27th Feb
Quoting Jude ♥ JGL:" The restroom has stalls. I don't understand why this is even an issue. She should be able to use the girl's restroom. How would the other children even know she was a biological male?"

Completely agree with you.
quote
I have 1 angel baby & live in Kentucky
posted 27th Feb
I can understand why the school district made the decision it did. However, if the "coy was born a boy" bit was kept confidential at this age, it wouldn't have been an issue to begin with. Most lite kids don't understand in the first place. It is difficult for them to make a judgement on something that complex.

My personal opinion of this situation is that if the mother approached this with a different platform, none of this would be an issue. There is no need to publicly announce this child's gender identity situation. She should have gone to the school, explained the situation and worked the situation out between them so Coy wouldn't have been afraid to attend school in the first place.

I remember being in elementary school where we had 2 students in wheelchairs. The girl had spinabifada and the boy had a muscular degenerative disease. In the k-2 bathrooms the girls bathroom was the only one with the handicap stall. The boys bathroom had mini urinals and one stall (old school). The teachers aid would discretely take them one at a time to change them (still in diapers for the obvious) and work with them on sitting on the toilet as part of the therapy. The only reason I knew what was going on was because the aid was my childhood BFF mom.

Coy could have been allowed to use the little girls bathroom before all the other kids so that even Coy didn't realize there was special treatment. Or even have the kids line up to go one at a time. Who cares!?!? There were better ways to handle this situation until Coy was old enough to make the decision about announcing the gender identity situation or not.

Maybe schools just need a unisex bathroom as "overflow" in every grade level so this isn't an issue.
quote
I have 3 kids & live in Montana
posted 27th Feb
<blockquote><b>Quoting Not tellin:</b>" I can understand why the school district made the decision it did. However, if the "coy was born a boy" ... [snip!] ... situation or not. Maybe schools just need a unisex bathroom as "overflow" in every grade level so this isn't an issue."</blockquote>




Can you explain why you understand their decision? Because I honestly am baffled by it
quote
I live in Maine
posted 28th Feb
The school district makes a valid point but then another momma made another point as to there are only stalls in the female bathroom so it's not like they will be exposed to her genitals. So that voids the argument unless it was a girl transgender using a boys bathroom. And the only reason I would be worried (as a mother) about that is when she would get older and her safety. Not saying all men are rapist but the statistics are high that a girl will be sexually assaulted in her lifetime. but again, there are stalls, they wont be exposed. I don't know. This is such a new topic of debate. I haven't given it much thought. I'm all for equal rights for everyone. But wouldn't this open the door for boys (teenagers/grown men) saying they are transgender to get into women's bathrooms to be perverted... just a random thought. This is interesting though.
quote
I have 2 kids & 1 angel baby & live in Houston, Texas
posted 28th Feb
<blockquote><b>Quoting Jude ♥ JGL:</b>" <blockquote><b>Quoting Not tellin:</b>" I can understand why the school district made ... [snip!] ... isn't an issue."</blockquote> Can you explain why you understand their decision? Because I honestly am baffled by it"</blockquote>




Because of the uneducated (what I really want to say is bigoted) parents out there. To offer Coy a safe place to use the restroom so other parents aren't threatening lawsuits on a helpless child for indecent exposure then trying to sue the family for crap like emotional duress ect.... I can see that aspect. The school was also trying to protect itself from lawsuits from said parents. In a situation like this, it is a lose lose. They are damned if they do and damned if they don't.
quote
I have 3 kids & live in Montana
posted 28th Feb
<blockquote><b>Quoting Not tellin:</b>" <blockquote><b>Quoting Jude ♥ JGL:</b>" <blockquote><b>Quoting Not ... [snip!] ... lawsuits from said parents. In a situation like this, it is a lose lose. They are damned if they do and damned if they don't."</blockquote>




I just feel like they should have taken her side. Damned either way so why not stand up for her and use it as an opportunity to educate
quote
I live in Maine
posted 28th Feb
<blockquote><b>Quoting Jude ♥ JGL:</b>" <blockquote><b>Quoting Not tellin:</b>" <blockquote><b>Quoting Jude ♥ ... [snip!] ... like they should have taken her side. Damned either way so why not stand up for her and use it as an opportunity to educate"</blockquote>




Tricky spot to be in. Legal tape gets in the way. It isn't a matter of using opportunities for education. It becomes complex and complicated. Especially when it gets down to the states laws. There are so many loop holes that could be brought in as personal "violations" from either side. It is a matter of trying to find a happy medium until they know the safer route to go.

Unfortunately, our belief on equality aside, law trumps our belief and anyone smart enough to find those loop holes can use them as their benefit against the school, Coy and Coy's family. Then everyone would be screaming why didn't the school so the opposite. Follow?
quote
I have 3 kids & live in Montana
posted 28th Feb
<blockquote><b>Quoting Not tellin:</b>" <blockquote><b>Quoting Jude ♥ JGL:</b>" <blockquote><b>Quoting Not ... [snip!] ... against the school, Coy and Coy's family. Then everyone would be screaming why didn't the school so the opposite. Follow?"</blockquote>




I understand what you're saying in my brain but to my beliefs/heart/concious, it just does not make sense to me.
quote
I live in Maine
posted 28th Feb
<blockquote><b>Quoting Jude ♥ JGL:</b>" <blockquote><b>Quoting Not tellin:</b>" <blockquote><b>Quoting Jude ♥ ... [snip!] ... I understand what you're saying in my brain but to my beliefs/heart/concious, it just does not make sense to me."</blockquote>




It isn't fair but I would say it is more fair than the alternative of what could happen had the school not tried to make a compromise with the mother in the first place. They acted in the best interest of everyone. They didn't say Coy "had" to only use the boys bathroom (IMO, that could be viewed the same as the girls seeing coy as a boy in their bathroom in reverse). I honestly think the mother humiliated her child by not trying to come up with alternate solutions with the school first. Such as the one at a time in the bathroom trial or something like that.
quote
I have 3 kids & live in Montana
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