An Idaho state Senate bill requiring students in public schools to use the bathroom or locker room that corresponds with his or her biological sex will head to the U.S. Court of Appeals for the Ninth Circuit, a court filing from Monday shows.

The move to the federal appeals court comes after U.S. District Chief Judge David C. Nye of the District of Idaho denied the plaintiffs’ motion for a preliminary injunction last week because they did not demonstrate having a protectable liberty interest in the nondisclosure of their gender identity.