The US Supreme Court declined Tuesday to take up the Boyertown Area School District v. Doe case that challenged a local school’s policy to allow transgender students to use bathrooms and locker rooms that correspond with their gender identity.

Declining to take on the case on appeal means that the US Court of Appeals for the Third Circuit’s decision allowing the school’s policy to remain in effect still stands.

The case was originally brought by a student who observed a transgender student with a bra on in the locker room. The student in the complaint alleged that the presence of transgender students in the locker room with him was a violation of his privacy rights.