With Inadequate Protection under the Law, Transgender Students Fight to Access Restrooms in Public Schools Based on Their Gender Identity
![handle is hein.journals/nkenlr41 and id is 331 raw text is: WITH INADEQUATE PROTECTION UNDER THE LAW,
TRANSGENDER STUDENTS FIGHT TO ACCESS RESTROOMS IN
PUBLIC SCHOOLS BASED ON THEIR GENDER IDENTITY
Lindsay Hart*
I. INTRODUCTION
Coy Mathis appeared to be a typical a six-year-old girl with long blonde hair
and a big smile.' Coy wore dresses, played with stereotypically girls' toys, and
had predominately female playmates.2 What could not be observed was that Coy
was born a boy.' But, independently and at an early age, Coy became distraught
when treated as a boy and refused to wear traditional boy clothing.4 Moreover,
Coy identified as and changed her appearance to that of a female; completely
living her life as a girl.5 That is, until Coy was in first grade and the Fountain
Fort Carson School District (FFCSD) informed Coy she could no longer use
the girls' restroom; she would be required to use a staff or boys' restroom.6 The
FFCSD believed that other students may become uncomfortable with Coy using
the girls' restroom, especially as she grew older and developed physically.'
Comparably, Nicole Maines was classified as a male at the time of birth, but
as early as first grade, began to identify as a female. Nicole played with Barbie
dolls, wore tutus and pink shoes, and would put on a dress when she came home
from school.9 By third grade, Nicole was addressed as a female by her friends
and teachers.'o Nicole lived her life as a female in nearly all aspects.
Additionally, during Nicole's third and fourth grade years, she used the girls'
* Salmon P. Chase College of Law, Northern Kentucky University.
1. See Dan Frosch, Rights Unit Finds Bias Against Transgender Student, N.Y. TIMES, June 23,
2013, http://www.nytimes.com/2013/06/24/us/agency-says-district-discriminated-against-transgender-
student.html? r=0.
2. Mathis v. Fountain Fort Carson Sch. Dist. 8, Charge No. P20130034X at 3 (Co. Dep't of
Reg. Agencies, Div. of Civil Rights June 17, 2013), available at http://www.transgenderlegal.org/
media/uploads/doc 529.pdf.
3. Id. at 3.
4. See id.
5. See id.
6. Id. at 5.
7. See Letter from W. Kelly Dude, attorney for Fountain-Fort Carson School District, to
Michael D. Silverman, Exec. Dir. of Transgender Legal Defense & Education Fund. Inc. and
attorney for Coy Mathis (Dec. 28, 2012), available at http://www.transgenderlegal.org/medial
uploads/doc 491 .pdf [hereinafter Letter from Attorney for FFCSD].
8. See Brief of Appellants John and Jane Doe as Parents and Next Friend of Susan Doe at 2,
Doe v. Regional Sch. Unit 26, No. Pen-12-582 (Me. 2014), available at http://www.glad.org/work/
cases/doe-v.-clenchy [hereinafter Brief of Appellants Doe].
9. Id. at 2-3.
10. Id. at 3.
11. See id. at 4.](ViewImageLocal?handle=hein.journals/nkenlr41&div=20&collection=&method=preview&ext=.png&size=3)
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