I just found out about this on the TV news. For Fox, it was surprisingly sensitive. This is NOT supposed to happen in Colorado.
I sent the following letter to the station, the Ft. Collins and Denver pride-groups, the district and the principal:
I read your report about Dionne Malikowski with some interest. Do you ever do any research about the stories your report? Did it occur to you to check what Colorado law has to say about this? Because this is a flagrant violation of Colorado law, and should have been reported that way. I am copying this to the Denver and Ft. Collins Pride Centers, as well as the Fort Collins school system.
It is black-letter law that transgender people must be allowed to use the restroom that is in accordance with their gender identity. It is clearly covered by 24.34.601 of the Revised Statutes and Rules 81.1 and 81.11. Note that "educational institution is specifically named as a "place of public accommodation".
As used in this part 6, "place of public accommodation" means any place of business engaged in any sales to the public and any place offering services, facilities, privileges, advantages, or accommodations to the public, including but not limited to any business offering wholesale or retail sales to the public; any place to eat, drink, sleep, or rest, or any combination thereof; any sporting or recreational area and facility; any public transportation facility; a barber shop, bathhouse, swimming pool, bath, steam or massage parlor, gymnasium, or other establishment conducted to serve the health, appearance, or physical condition of a person; a campsite or trailer camp; a dispensary, clinic, hospital, convalescent home, or other institution for the sick, ailing, aged, or infirm; a mortuary, undertaking parlor, or cemetery; an educational institution; or any public building, park, arena, theater, hall, auditorium, museum, library, exhibit, or public facility of any kind whether indoor or outdoor. "Place of public accommodation" shall not include a church, synagogue, mosque, or other place that is principally used for religious purposes.
Thus every school in Colorado is a "covered entity" governed by Rule 81.11, and must allow people to use the restroom that matches their "gender identity":
Rule 81.11 - Gender-Segregated Facilities
(A) Nothing in the Act prohibits segregation of facilities on the basis of gender.
(B) All covered entities shall allow individuals the use of gender-segregated facilities that are consistent with their gender identity. Gender-segregated facilities include, but are not limited to, restrooms, locker rooms, dressing rooms, and dormitories.
(C) In gender-segregated facilities where undressing in the presence of others occurs, covered entities shall make reasonable accommodations to allow access consistent with an individual's gender identity.
Clearly Dionne's gender-identity, as defined in Rule 81.2 is female:
Rule 81.2 - Sexual Orientation Definitions
(A) The term "sexual orientation," as defined in the Law, means a person's orientation toward heterosexuality, homosexuality, bisexuality, transgender status or another person's perception thereof.
(B) The term "transgender" means having a gender identity or gender expression that differs from societal expectations based on gender assigned at birth.
(C) The term "gender identity" means an innate sense of one's own gender.
(D) The term "gender expression" means external appearance, characteristics or behaviors typically associated with a specific gender.
(E) The term "covered entity" means any person, business, or institution required to comply with the antidiscrimination provisions of the Law.
Regardless of what kind of administrative problems this presents for the school, Dionne must be allowed to use the right restroom. To deny this is an outrage, if not a million-dollar torte.
