RICHMOND, Va. – A federal judge said it’s “highly unlikely” he’ll force Gloucester High School to allow transgender students to use restroom facilities that don’t match their biological gender.

U.S. District Judge Robert G. Doumar is expected to officially rule on the preliminary injunction soon and set a trial date in the case of Gavin Grimm, a transgender student who sued his school district with the help of the ACLU, the Daily Press reports.

Officials with Gloucester County Public Schools last year initially allowed the 16-year-old biological female to use the boy’s restroom facilities at the high school, but later changed the district’s restroom policy to correlate with their true gender after complaints from parents, ABC 13 reports.

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School officials also installed three unisex restrooms at his school to accommodate Grimm if he didn’t want to use the girl’s restroom.

ACLU attorney Joshua Block argued in court Monday that the new policy stigmatizes Grimm with unequal treatment because the student doesn’t want to use the girl’s restroom, or the unisex bathrooms, according to the Daily Press.

“We want him to have the same rights everyone else has,” Block said. “The stigma is not being transgender, it’s being told you have to use a separate restroom.”

The ACLU and Grimm argued the school restroom policy violates Title IX of the Education Amendments of 1972 because it discriminates based on sex, and the U.S. Department of Justice filed a “statement of interest” in the case backing up the plaintiffs.

School district attorneys contend the district worked to accommodate Grimm with the unisex restrooms, but he chose not to use them, ABC 13 reports.

“All students have equal comparable restroom facilities,” district attorney David Corrigan told the judge, according to the Daily Press. “He is not being treated differently.”

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The judge seemed to agree with the defendants, but would not grant the district’s request to dismiss the lawsuit in its entirety.

Federal law allows schools to establish separate restrooms based on sex, he said.

“I have no problem understanding Title IX,” Doumar said. “It’s specific and exact.”

Doumar said there’s also other factors in the case besides what’s fair for Grimm.

“Safety of the individual is a concern,” he said. “Why does one person’s rights have to be weighed against another person’s rights? … It really creates a monstrous problem.”

Grimm’s case now moves forward on the claims by ACLU lawyers that the school bathroom policy violates the Equal Protection Clause of the U.S. Constitution. Doumar is expected to issue a formal ruling on the plaintiff’s request for an injunction and set a trial date for the case in the near future, ABC 13 reports.

Grimm is seeking money for damages and the court to rule the Gloucester restroom policy unconstitutional. No court in America has ever found a school’s restroom restrictions for transgender students to be discriminatory, according to the Daily Press.

“Earlier this year, the U.S. District Court in Western Pennsylvania dismissed a lawsuit that a transgender male student filed against the University of Pittsburgh. The lawsuit was filed in 2011, and a judge said in April that the university didn’t discriminate against the 25-year-old student when it prohibited him from using male facilities because he was medically a woman,” the news site reports.