The school calls Coy a girl as the family wishes, Dude said.
When 'his male genitals develop ...'
The school laid out some of its argument in a letter to the Mathis family's attorney in December:
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," the letter said.
"As Coy grows older and his male genitals develop along with the rest of his body," it said, "at least some parents and students are likely to become uncomfortable with his continued use of the girls' restroom."
Kathryn Mathis, Coy's mother, rejects that explanation. "The immediate problem with that is we're not in middle school yet, we're not in high school yet," she said Thursday. "And they're punishing a 6-year-old for something that hasn't happened and may not happen.
"Her body development is none of their business. That is up to her and her doctors in the future. That's not something that we're at right now. And right now we need to be protecting a 6-year-old, not a middle-schooler or a high-schooler."
Coy sat with her parents during the interview with CNN.
What establishes discrimination?
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 based on gender assigned at birth."
It does not explicitly state that a transgender individual should be allowed to use a bathroom for people of the gender with which that individual identifies.
Dude, the Colorado school district's attorney, has said there is no such requirement for public schools.
But Jeremy Mathis told CNN he believes "the wording of the law is very solid, and I believe that they're in direct violation of it. They are, in fact, discriminating."
"Forcing her to use a separate bathroom from all the rest of the kids or forcing a little girl to go into he boys' room," he said, is "not OK."
School's transgender ruling sparks battle | News - KEYT