A Californian judge has ordered the secretary of state’s office to add over 5,000 signatures to a proposed referendum against the rights of the state’s transgender and intersex students.

Sacramento County Superior Court Judge Allen Sumner issued a ruling to Secretary of State Debra Bowen to ‘accept, file, and process as timely’ the petitions organized by anti-trans group Privacy For All Students, which were circulated in the Californian counties of Mono and Tulare.

Bowen’s office initially refused to tally them, as they were handed in after the deadline on 10 November.

However, because the deadline fell on a Sunday, and Veterans Day followed soon after, Judge Sumner argued the anti-trans rights lobby had until 12 November to hand the paperwork in.

Sumner also claims PFAS had acted in good faith, and had attempted to deliver the petitions on time, but were unable to do so because the offices were closed.

PFAS, a coalition of anti-LGBTI groups, are attempting to overturn a new law which took effect on 1 January, which grants trans and intersex students the right to use facilities which match with their gender – such as restrooms and sports teams.

The anti-trans lobby argue the law is dangerous to classmates of trans students.

The current count of signatures is indicating a full referendum may happen, however it is considered ‘too close to call’.