Coy Mathis was barred from using the ladiesâ€™ at her Colorado school, despite identifying as female from 18 months old and living as a girl since age four.
Coloradoâ€™s civil rights division has now sided with the family, saying the school's action 'â€ťcreates a barrier where none should exist, and entirely disregards the charging partyâ€™s gender identityâ€ť.
Division director Steven Chavez wrote in the decision that the school was forcing the child to â€śdisregard her identity while performing one of the most essential human functionsâ€ť.
Chavez added this â€śconstitutes severe and pervasive treatment, and creates an environment that is objectively and subjectively hostile, intimidating or offensiveâ€ť and that â€ścompartmentalizing a child as a boy or a girl solely based on their visible anatomy, is a simplistic approach to a difficult and complex issueâ€ť.
The family has already moved to another part of Colorado and plans to enrol Coy in a school there.