• Wed, Feb 27 - 2:04 pm ET

When It Comes To Bathroom Policies For Transgender Students, There’s No Winning Solution For Schools

gender neutralWhen I first heard the story about Coy Mathis, the adorable first grade girl from Colorado who just wanted to use the girls’ restroom but has been barred from doing so because she is transgender, I was enraged on behalf of this child and her parents. My knee-jerk reaction was to condemn the Fountain-Fort Carson School District and fully support Coy and her parents in their plan to file a complaint with the Colorado Civil Rights Division.

Then, I started to think about the realities of school bathrooms, the need to make the best decision for all of the students involved, the continued struggle for acceptance of gender variant children and adults… I tried to think fairly but logically about all of the angles, and I realized that this might just be a no-win situation for the school district.

According to the school, this is their explanation for asking that Coy use either the boys’ restroom, an available gender neutral restroom, or the private restroom in the nurse’s office.

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,” attorney W. Kelly Dude 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.”

It should be noted that the proper way to say this would be “her continued use…” Coy identifies a female. She is considered a female on both her state-issued ID and her passport. She dresses as a female (for as much as clothing might define one’s gender). Though it’s possible that the lawyer simply misspoke, if the school is thinking of Coy as a boy, than they’re obviously going to run into problems.

Coy’s parents point out that forcing her to use separate bathroom facilities only sets their daughter up to be bullied or ostracized by her peers. ”Coy’s school has the opportunity to turn this around and teach Coy’s classmates a valuable lesson about friendship, respect and basic fairness,” one of the family’s lawyers said. Instead, the school decided in the middle of the year that Coy needed to stop using the girls’ restroom, demanding she change her habits after winter break.

I think about all of this and I feel very sorry for the young child caught in the middle of an adult legal battle. I do not believe that the school is right, or that they’ve handled the situation in the best manner.

At the same time, I’m not sure that the school will escape controversy, no matter what decision they make. In elementary school restrooms, yes, even in the girl ones, children have a tendency to get curious or simply clumsy. They barge in to unlocked stalls. They peak under the partitions. It is completely possible that another little girl would see Coy’s physical differences and ask some questions. At that point, parents could become involved. Personal ideologies get debated.

The entire issue does not seem like it would have an easy solution. I can understand the thinking behind, “Well maybe she can just use the gender neutral bathroom.” It might seem like the “least-amount-of-fuss” option. But, it still separates Coy out, making her “otherness” an issue for her peers to point out.

I wish there was a cure-all for Coy’s situation. More than anything, I wish that Coy’s gender identity didn’t have to be an issue for school administrators to discuss and debate. If our society was a little more accepting and thoughtful, this might not be a problem at all.

At the moment, I just don’t see how this story will have a happy ending for anyone involved, least of all for the adorable little girl who just wants to be like every other kid at her school.

(Photo: BaLL LunLa/Shutterstock)

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  • Michelle

    If anything I would think the girls room would be the way better option. A lot of boys rooms don’t have many private stalls like the girls room does. Also, none of the other students know she has boy parts so the only way to find out it someone spying through a stall door or the school makes the child go in the boys room.

  • chickadee

    Since the girl has the option of using either the facilities used by faculty or those in the nurse’s office, I’d say the school is trying its best to solve a sensitive problem under difficult circumstances. I feel sorry for the parents, but I think that they could make this less traumatic for their daughter if they underplay the situation for her. By painting the school as the villain, by involving their daughter with the press, and by insisting on her future traumatization, they aren’t handling it too well right now.

    • meg

      Sub out “gay” for “trans.” The school is doing its best to accommodate a gay student who makes others uncomfortable. The parents should not make a big deal about the fact that the school is giving her different facilities because she’s gay, or making her out herself as gay every single time she needs to pee. Just underplay her gayness and it will all settle.

      Does it still sound reasonable? Or is trans its own special category where it’s ok to let everyone else have an opinion that sways how it’s handled?

    • chickadee

      The situations are different, as I’m sure you can tell. Circumstances for trans children are different than they are for gay children regarding only the facilities. The school is treating her as a girl, and they are trying to accommodate a biological problem as tactfully as possible. So the other parents are ignorant. The school is trying to avoid making A SMALL CHILD into an agenda. The parents should do the same.

      Having said that, I would encourage all new school construction to avoid the male-female construct and build unisex facilities.

    • meg

      “The school is treating her as a girl, and they are trying to accommodate a biological problem as tactfully as possible.”

      So being trans is a biological problem now?

      There’s nothing she biologically cannot do with male genitalia that would not be expected of her with female genitalia. (Excluding things like sex, which have no place in elementary school bathrooms.) Explain to me, then, precisely how it’s different?

    • chickadee

      Sorry I was unclear. The biological problem is that a girl attending the school has male genitals and that causes difficulties regarding bathroom use. That is the problem that the school is dealing with. The child is not a problem in herself, nor is transsexuality. It merely presents issues that we don’t know how to deal with yet.

    • Victoria

      What happens when the little boys start sticking their faces under the stalls to watch the girls, and vice-versa? Or touching each other, as will happen? Any kind of modesty in our culture is sneered at as prudishness, but I wouldn’t want to change my tampons or take care of other private bathroom business while surrounded by men. Unisex has a nice, politically correct ring to it, but in reality, it should be an option to have a restroom without the opposite gender observing. The needs of trans/gay/bi/asexual/pansexual, etc. people need to be observed, but no less do the needs of others. It’s a toughie.

    • Eileen

      Most of the gender-neutral restrooms I’ve come across are single-stall. I’d say that’s the simplest way to accommodate everyone – as a heterosexual, cisgendered female who is not currently shy about things like tampons but has been in the past, and who would want neither an uninvited man nor an uninvited woman observing her bathroom activities, I love the single-stall restrooms.

    • Victoria

      Agreed!

    • Makabit

      The problem is that unless it is a very small school, children’s elementary school bathrooms tend to be multi-stall. And for those who think that no one needs to know what genitals the little girl has if she uses the girls’ room…eh, maybe I was the only one who went to schools where there was constant peeking and spying and harassment in the bathroom. It will not remain a secret for long.

    • chickadee

      Unisex bathrooms often have floor-to-ceiling stalls and doors. I have encountered them in Switzerland and no one seems to be too fussed about it. But yeah, it’s a problem. But I think it’s worth investigating.

    • Victoria

      If these kind of measures are taken, I agree, it would be a good, sensible solution. The only co-ed bathrooms I’ve been in were very light on the privacy, which is important to me. I wouldn’t fuss so much if they were more secure.

    • Oh for heavens sake

      No little boys are going to spy on the girls, because Coy is a girl. Being a trans*girl, I’ve no doubt she’s more educated about biological differences than most. If anything, the cis-genders girls might spy on her. And if it raises questions? OH NO. Heaven FORFEND we have to COMMUNICATE with our children and actually let them be exposed to people who are different.

    • Oh for heavens sake

      (and I don’t mean to invoke a negative connotation by “exposed to.” Just that a completely homogenous society isn’t beneficial, and kids have a remarkably elastic view of the world and normality of parents don’t flip out).

    • alice

      meg, your point would make sense if transgender had anything to do with sexual orientation, but it doesn’t.

      transgender has to do with gender identity. that’s all. if this were a case of the school banning a trans female from going to the prom with a male, but allowing two gay males to go, then you’d have a point.

      but this is a case of a trans gender identifying female wanting to go to the bathroom in a facility that hte school has said is just for vaginas.

    • meg

      It’s not a “transgender identifying female.” It’s a little girl. Let’s be clear. She didn’t choose who she is, she just is.

      Also, a transexual and a transgender person are different.

    • alice

      well considering that her mother refers to her as transgender, and that transgender is the broadest term possible to use now, and that she is only a little girl and the decision to identify as “transsexual” over “transgender” is a personal one that she herself will make someday…im going to go ahead and keep referring to her as transgender.

    • meg

      Also, what if it were reversed? What if it were a little boy born with female genitalia? Would he be welcome to your vaginas-only party?

  • alice

    This is an interesting topic. On one hand, for me, I do not see bathrooms assigned by “gender” at all, but instead by “sex” – - penises this way, vaginas that way. And I feel there is a case for keeping all the naked penises showering together in the boy’s locker room.

    On the other hand, forcing a transgender person to routinely select the conventionally
    opposite bathroom, or to slink away to the weird lonely unisex bathroom, is a sad option (not to mention potentially traumatizing.)

    But what is the solution?

    We can either flip it, and push our society towards “UNISEX” being the largest quantity, in both size and number (unisex bathrooms, dressing rooms, locker rooms, showers, etc.) And make the “same sex” options be the small remaining quantity, the weird lonely looking door.

    OR we try to reach a point where society is so accepting of transgender that seeing a “gender identified female” showering in the boy’s locker room won’t result in shame, ridicule, abuse, etc.

    Prior to either of those things happening: I think you have to keep to the same sex bathroom or (feel embarrassed?) using the weird unisex one.

    And I would hate to imagine that some parents of transgender children haven’t discussed the difference between gender and sex.

    ??

    • meg

      “And I feel there is a case for keeping all the naked penises showering together in the boy’s locker room.”

      Why, exactly?

    • Victoria

      Sexual harassment? Societal norms? Loss of a personal sense of privacy? Individual personal beliefs or differing levels of comfort being publicly naked (especially in high school with all those social dynamics….God.)? Take your pick.

    • meg

      And all the penises showering together makes them feel totally comfortable in their privacy and they never ever get sexually harassed?

      It was once a societal norm to shoot African-American men who wanted to marry Caucasian women, too. Was that a good idea because of social dynamics?

    • Tea

      “And I feel there is a case for keeping all the naked penises showering together in the boy’s locker room.”

      So that she can be bullied severely, called slurrs, and possibly even be assulted because while she may have a penis, she came in wearing a dress? Naked Penises together doesn’t make anyone safer, and it would probably also make the boys very uncomfortable, not to mention “out” her.

    • Makabit

      It might make the boys uncomfortable, but at the same time, her presence in the girls’ room may have the same effect on the girls. Are we willing to tell the girls to suck it up, but privilege the boys’ discomfort that not everyone with a penis is a boy…?

      And don’t rule out that she may be outed, bullied, slurred, and possibly assaulted in the girls’ room. Women and girls are not some sort of automatic safe zone.

    • Tea

      If it’s a non-nudity situation and her gender presentation is female, then no one will even know in the girl’s room.

    • Makabit

      You know, the thing is, I doubt that. (Especially now that her name’s been broadcast nationwide, but even without that.) It probably depends, but little girls using a bathroom together are probably going to figure out that one of them has non-standard girl bits. All that needs to happen is for one obnoxious little girl to decide to pants this kid for some schoolyard slight, and we have a different situation on our hands.

      Maybe it would work. Maybe she could keep it a secret. But there are a lot of ways for that to fail. I just wanted to state that while this girl may not be safe with the boys, she may well be no safer with the girls, especially at this age.

      Which sucks amazingly badly, but is hard to fix.

  • Eileen

    I was going to suggest a gender-neutral restroom, but then they said that she chose not to use it. In my, albeit limited, experience, the usual request from the LGBTQ groups tends to be a push towards gender-neutral restrooms more than anything else. So, yeah, I kind of side with the school here. If they were forcing her to use the boys’ room, I would have a problem with that, but they’ve given her several totally useable options. Personally, I would suggest doing away with men’s and women’s rooms altogether, and have all restrooms be gender-neutral, but that’s probably not practical especially in an elementary school with litigious parents.

    • meg

      My college had gender-neutral bathrooms. Don’t like it? Well the world doesn’t revolve around your comfort levels. It’s a life lesson that worked out for everyone eventually.

    • meg

      Sorry, clarification: ALL gender-neutral bathrooms. Not boys, girls, and other.

    • Eileen

      Well, yeah, but that’s college, where you get to choose based on more than where you can find a job and afford a house. I have a bunch of friends who went to Vassar, where the bathrooms are all gender-neutral and you can choose a roommate of either sex and people who go there think that’s awesome, or at least something they’re willing to deal with. Vassar also has enough money that if any student decides to sue over the status of trans women in the women-only floors, they’re covered. The school in question is a public elementary school, meaning parents and children likely didn’t seek it out, and, more importantly, it likely doesn’t have a ton of money. Even if the school were to win a lawsuit, it still has to pay its defense attorneys, and that’s money that can’t be spent on educational stuff (which is likely underfunded to begin with). I think having a variety of different bathroom options is a good compromise that allows this school to attempt to make its students comfortable while also ensuring that it can focus its funds and attention on education.

      I’d be happy to see all gender-neutral, single-stall restrooms (what about people who are shy about peeing or pooping where others can hear?), but I’d rather see elementary students who are strong, confident readers and mathematicians.

    • Victoria

      But it revolves around LGBTQ comfort levels? How is that equitable?

    • meg

      It’s equitable for everyone to be treated fairly. Saying “minorities make me uncomfortable, therefore I should take precedence” is, well, bigoted.

  • Tea

    First off, no one in the bathroom sees or knows about your genitalia, not unless someone is peeping. Trans girls do not just urinate standing up, they do their business like a cisgender girl does (Camping situations excluded, according to a friend of mine). Students may ask, and chances are she’ll just explain what’s going on and everyone will go on their way. This is actually a hurdle in her “real life experience”. I doubt Coy is making very many students uncomfortable, probably just a lot of parents who fear their kids will catch it or be “corrupted by the immorality” that is a first grade girl trying to be a normal girl and happening to have a phallus.

    In the real world, state laws be damned, most Trans people use whatever restroom best fits their gender presentation because it keeps them from risking getting seriously harmed., especially when a gender neutral one isn’t available or inconspicuous to use (and this can make a big difference). It really is the safest option, and keeping her separated will also cause one big fat problem down the line, she won’t be able to just blend into school as a normal girl, she will always be known for being trans.

    • alice

      I agree with this in most public situations (bathrooms at restaurants, fitting rooms, gym locker rooms) but I see a potential issue with schools or other situations that involve minors.

      For better or worse (most likely worse!) some parents reserve the parental right to keep child sex groups separate when it comes to potential nudity. It’s not so easy to delineate the criteria like “well it’s okay for Coy now, because she’s so young” or “well it’s okay if it’s a bathroom, but not a gym shower.”

      I disagree that it’s parents afraid that kids will “catch the trans” – - I think it’s just a nudity issue. A lot of parents like to keep the sexes separate for things like bathrooms, showers, camp cabins, locker rooms, etc. Maybe years from now, that will all be a thing of the past, and 8 year olds will be bunking in unisex camp cabins and urinating in that bathroom on Alley MacBeal.

    • meg

      “For better or worse (most likely worse!) some parents reserve the
      parental right to keep child sex groups separate when it comes to
      potential nudity.”

      If your child is getting naked in the bathroom, it sounds like a pretty serious parenting issue for YOU, not someone else’s kid. As for showers … what’s the fear there, exactly? Worry that having one woman with male genitalia will create an inherently sexual situation? Well, in any gender-segregated space, there are going to be LGB people, too. So some of the girls will be attracted to each other, and some of the boys will be the same. So just keeping the genders squared away won’t keep anyone’s secret desires at bay, and your job as the parent is to teach them it’s not appropriate to express those in a public setting anyway.

    • Victoria

      Bathrooms are where people go to change, have a minute of privacy, lift up their shirts to put on deodorant, use the facilities, etc. If a biologically different gender walks in, it can be uncomfortable, no matter how much society says “Get over it, we’re all just bodies.” It’s not about inherently sexual situations, necessarily. I couldn’t care less if a woman in the stall next to me is lesbian, so it’s definitely not a prejudicial thing on behalf of the ‘gendered bathrooms camp’; she probably wouldn’t want a dude listening to her put in a tampon while he waits for a stall, either.

      Respectfully, I think that people who want to make kids do their most private business in mixed company are kind of squicky. If a kid isn’t comfortable doing that (or taking co ed showers or whatever), then shaming them into silence is far worse insensitivity then having a bathroom dedicated for a specific gender.

    • Tea

      Chances are, you won’t and haven’t spotted trans people in a bathroom or locker, especially if they have taken hormones and aren’t going fully nude, and most would avoid doing so for fear of harm anyway. They aren’t the opposite gender “sneaking in” or any of that sort of thing, they’re just doing their business too and are probably very concerned of confrontation if they’re still worried about passing.

    • alice

      meg, of course it’s a parent’s job to do that.

      but you can’t seriously try to reduce all child gender segregated situations to simply “stupid parents being stupid and scared of sex” – - there is not just one reason why gender segregation exists in school bathrooms, showers, locker rooms, cabins, etc. it’s not as simple as you saying “hey stupid, what, are you afraid your daughter is gonna fuck that boy?”

      some young girls are extremely uncomfortable around male nudity, and would have a nervous breakdown if they had to shower next to their penised classmate. just as one example.

      does it all root back to crazy religious puritanical values? i don’t know. but i do know it’s NOT just one simple reason, and it’s not just an easy solution as you describe

    • meg

      Some young girls are extremely uncomfortable around *any* naked body. Do we institute an “everybody has to shower in a bathing suit around Jessica” policy?

    • Makabit

      Is that an unreasonable demand? Should children be forced to be in a situation with nudity because social norms say it should be OK with them as long as the setting is unisex? Are we singling Jessica out if we say that she can skip the shower, or shower alone if she’s that sensitive?

      I don’t know. These are actually complicated issues with no single answers to them.

    • Tea

      Actually, I’m not going to pull the “we should all mingle naked” card, because I could definitely see that as distressing.

      But, by the time things like showering roll around (usually middle school) she’ll probably be more stealth-oriented on the issue. My point was mostly that school bathrooms don’t usually involve nudity, and right now being forced apart could be making it much harder to integrate into the crowd.

      I see it much more as discriminating against a medical condition (which it is) which most people will not be knowing about, and should only be addressed in situations where nudity is bound to happen.

    • alice

      i totally agree with you.

      i think one of the missing talking points here is: were the parents publicly introducing her as “trans” ? i have no idea how school enrollment works. can her parents potentially just enroll her as a female?

      because as you said, once teenage years roll around, a person, trans or not, has much more control and awareness. if she wishes her trans status to remain a secret, she can probably easily pull that off (in stealth mode, as you said.)

      this case is difficult because she’s so young. if she started presenting as female in forth grade, for instance, this would be different. we wouldn’t be talking too much about how it’s not fair because “all her classmates know her as a her.”

      there’s a lot to think about. and as easy as anyone can try to make it for future trans, ultimately, that public transition is going to be incredibly hard for the person, no matter what. short of telling every trans “hey, you should really move towns to start fresh to make it easier on you” there’s always going to be an uncomfortable adjustment.

    • Tea

      I was actually just thinking on this that it seemed really weird and it actually kind of irritated me that her parents were outing her on this, not only just to the school, but especially to the media by using her full name and making a media circus of this rather than consulting places like “Lambda Legal”. It seems like it would make her adjustment very difficult, not to mention the use of her full name could make her future life more difficult.

      And I do apologize if I have at all come off as snippy. I’m a bit invested in the issue and extremely active in the LGBT community. I noticed in retrospect that some of my posts have been a bit brusque.

    • alice

      samesies :)

    • http://www.facebook.com/helen.donovan.31 Helen Donovan

      Camping – the only times in my life that I truly have had a case of penis envy.

    • Tea

      Try the “GoGirl” or the “Pstyle”, and keep a few wet wipes in your purse. A friend of mine uses them for concerts, festivals, camping, and any place that may have no toilets/questionable ones.

  • ChopChick

    You know. I get the issue. An if they were talking about changing for gym, okay. But last I checked, girls’ bathrooms have stalls and don’t have anything resembling a urinal so when exactly will they be exposed to this male genitalia?

    • Victoria

      I don’t think it’s the male genitalia, specifically, so much as the concept of violation of social norms (which I know, everyone wants to change.) Sitting in a stall next to a guy with a Playboy on the floor or being the only woman in a room of men taking dumps does not strike me as the Brave New Enlightened World. If a trans person wants to come in, then fine. But opening up the facilities to every dude who wants an upskirt shot under the stall door doesn’t strike me as the solution.

    • ChopChick

      Wow. You think that slope is pretty slippery dontcha? A person with male genitalia who is legally recognized as a female is inherently different from “every dude who wants an up skirt.” Try again!

    • meg

      “Sitting in a stall next to a guy with a Playboy on the floor or being
      the only woman in a room of men taking dumps does not strike me as the
      Brave New Enlightened World.”

      Where the HELL did you get that scenario out of “a little girl wants to use the girl’s room but the school has a problem with the way her body is made”?

      Your paranoia is making you come off as an anti-trans bigot, to say nothing of assuming all men (cis, bio, whatever) are just the WORST. Not sure if you’re doing that on purpose or not, but your own personal issues shouldn’t be the foundation for fair public policy.

    • lea

      Right, because all men and boys are disgusting perverts who peer under bathroom stalls to get their kicks. That is, when they aren’t reading Playboy and shitting noisily (coz ladies don’t poop, didn’t ya know?).

    • Kate

      Women don’t defecate? Damn, something must be very wrong with me.

    • Makabit

      We’re talking about grade schoolers. If anyone’s got a Playboy on the floor, we have bigger problems than where one little girl pees.

  • Victoria

    The important thing is, that the child has a place to use a restroom…there are plenty of options for this kid. The school is trying to be sensitive, but what if biologically male *non-trans* or non-straight boys want to start using the girls’ restroom and feel upset because they can’t? Or girls who feel that it’s sexist not to allow them to use the boys room? If biology/DNA has created a male or female that doesn’t *want* to be that gender, should their desires be met at the expense of others who don’t want to share the washroom with those of the opposite gender (especially if there is a co-ed bathroom not far away)? Everyone is trying so hard to be sensitive and accommodating (and rightly so) but these problems are going to crop up more and more in society…I wonder if there is a good solution. If this trans child’s family insists that a co-ed restroom is not acceptable, there may be no good solution except making every bathroom co ed.

    • meg

      “If biology/DNA has created a male or female that doesn’t *want* to be
      that gender, should their desires be met at the expense of others who
      don’t want to share the washroom with those of the opposite gender
      (especially if there is a co-ed bathroom not far away)?”

      “Want” to be that gender? Are you serious? No one “chooses” to be trans any more than someone “chooses” to be gay or straight. Or do you think they do that, too?

    • Holly

      Jumping to be offended much meg? While it might not be an ideal description, saying that a trans person doesn’t want to live as their biological gender is completely accurate. Nobody played the “it’s a choice” card but you. Reading Victoria’s entire post makes the context of the word ‘want’ clear.

      I feel like this thing is getting blown way out of hand. I have attended and worked in many schools, and the thing that adults always forget is that kids this young are very accepting of, and sometimes even oblivious to, differences. I have seen a 6 year old poop himself in the middle of class and not a single kid mentioned it the next day. Kids regularly are pulled from classrooms for one on one work, counselor visits, or the like and no one notices. As long as you answer any questions they have firmly and confidently, they leave it alone. The standard answer to a question about something like this – “S/he does X because everyone is different.”

      Also, nowhere in the article does it mention that the gender neutral washroom is reserved for students who question their gender identity, so it’s not like the school is singling her out by having her use it. Theoretically, every person at the school could use it.

  • Holly

    I have a question – is there an actual difference between a ‘unisex’ washroom and a ‘gender neutral’ washroom? Or is it merely a differentiation of language???

    • bumbler

      as far as I know they’re the same thing. If I had to make a difference between the two, unisex would have a sign with a man and woman on it, gender neutral would have a sign that reads “bathroom”

  • C.J.

    We had this same situation where I used to work, except with adults. The company provided a separate bathroom for the woman until she felt comfortable using the ladies room. It also gave everyone else some time to adjust too. It really wasn’t a big deal that she had a separate bathroom. It’s not like the bathroom is a social area. It was actually what she wanted at first. We didn’t have any problems with people not accepting her or giving her a hard time when she started using the ladies room. She was also very informative about being trans gender. She made sure everyone was provided information about what being trans gender means and encouraged anyone who had any questions to ask. Often times when people don’t understand something they over react about it. Overall no one treated her any different than when we knew her as a man.