“The case is still in motion, as the judge did not honor the district's request to dismiss the case at this time and stated that a definitive ruling on the legal merits of the case will be made at a later date,” said Unifed spokeswoman Tanya Ruder in a statement.

Whitaker and his family were not at the hearing. His attorneys were not available for comment afterward.

The suit

In July, Whitaker filed a lawsuit claiming some teachers and school officials refused to address him by his chosen name as a boy or to use male pronouns, instead addressing him by his given female name at birth, as well as by female pronouns.

Among other things, Whitaker’s claim also accuses officials of monitoring his use of restrooms and barring him from using toilet facilities reserved for boys.

“There are a number of facts alleged in the complaint that would indicate discrimination if in fact there were a conclusion that the statute did cover the plaintiff,” Pepper said. “I think it’s clear that there is sufficient facts alleged in the complaint to support a claim at the motion-to-dismiss stage.”

Whitaker is still prohibited from using the boys restrooms and is being directed to single-occupant facilities.