A federal appeals court on Thursday denied an Ohio school district's request to set aside a lower court's ruling in favor of a transgender female student.

The Sixth Circuit Court of Appeals refused Highland Local School District's request to halt enforcement of the ruling ordering the school to allow the student to use the girls' bathroom.

At issue is the federal government's assertion that Title IX's ban on sex discrimination extends to transgender people.

The request was considered by a three-judge panel.

“[T]he record establishes that Doe, a vulnerable eleven year old with special needs, will suffer irreparable harm if prohibited from using the girls’ restroom,” the ruling states. “The district court issued the injunction to protect Doe’s constitutional and civil rights, a purpose that is always in the public interest. … Thus, a stay is improper in this case.”

Judge Jeff Sutton disagreed with the majority opinion, noting that the Supreme Court over the summer issued a stay in a case involving a transgender male student.

“The Supreme Court presumably will resolve the Title IX issue in 2017,” Sutton wrote in his dissent. “In the meantime, the Court has indicated that we should wait for further instructions before granting relief on these sorts of claims.”