This article originally appeared here, at wjla.com

LOUDON COUNTY, Va. (7NEWS) — On Friday, a federal judge ruled from the bench that the Loudoun County School Board cannot move forward with suspending a male student, who expressed discomfort that a biological female was using the boys’ locker room at Stone Bridge High School during gym class, as the student’s federal case appealing the school board’s punishment moves forward in court.

This is the outcome the boy’s family, who requested a preliminary injunction, wanted.

Seth Wolfe is suing the Loudoun County School Board after the school system opened a Title IX investigation into his son. Wolfe says his son simply questioned why a female student was in the boys’ locker room.

After a months-long investigation, Loudoun County Public Schools’ (LCPS) Title IX office decided that his son is responsible for sexually harassing and discriminating against the female student who identifies as male, which comes with a ten-day suspension.

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Wolfe is suing LCPS because he doesn’t want his son to be suspended and miss school, and he doesn’t want a Title IX violation on his son’s permanent record which could impact his college prospects.

“That’s one of our major concerns,” Wolfe said. “As we step forward, and he’s getting in the process of filling out college applications, and when you have these colleges looking at everything that you’ve done, and select you to go to a college, it really puts a somewhat of a fear in both of our eyes, because it can be something that he should not be guilty of, not be charged with, and then for that to impact his future and potentially just disrupt his whole future path.”

Earlier this year, 7News Reporter Nick Minock was the first to break the story about how Loudoun County Public Schools opened a Title IX case against Wolfe’s son and two other students for sexual harassment after they voiced concerns that a female student was in the boys’ locker room. The school board’s policy allows students the option to use bathrooms and locker rooms at school based on their chosen gender identity, not biological sex.

Wolfe’s is suing LCPS for religious discrimination, freedom of speech violations, and sex discrimination against his son.

Wolfe’s attorney, Ian Prior, asked a federal judge to order the school board to pause the suspension as the case moves forward. And the judge granted that Friday despite LCPS asking the judge not to.

Last month, the same judge granted an emergency pause on the suspension. The preliminary injunction granted by the judge on Friday extends the pause.

In a legal briefing LCPS sent to the judge before her ruling, LCPS claimed Wolfe’s son and another boy sexually harassed a student who was born female, but identifies as male and subjected the student to a hostile environment in violation of the School Board’s Title IX policy. LCPS also claimed in their briefing that the female student was harassed for much of the school year and the female student recorded the video below capturing the alleged harassment.

7News was the first to obtain the video. The female student recorded boys in the boys’ locker room.

“Why is there a girl? I’m so uncomfortable there is a girl,” boys can be heard saying in the locker room.

One student in the locker room told LCPS’s Title IX Office that the female student filmed his friend while he was using a urinal.

On Friday, the judge grilled attorneys for both sides – questioning the Loudoun County School Board about its handling of the whole situation and cautioning the family’s attorney that some of their claims might not stand up in court.

“We have several counts in this complaint, and you only need to be able to succeed on one of those, but I think we articulated that we’re likely to succeed on all of those counts,” said Prior, an attorney for America First Legal. “But the key here really is that, as the judge recognized, there are serious constitutional questions involved in this case, and it’s important that while those constitutional questions are resolved in the litigation, that the education experience not be taken away.”

LCPS dismissed the Title IX sexual harassment complaint against the third boy, a Muslim student, earlier this year. The two boys LCPS is trying to suspend are Christians.

A group of Loudoun County moms, whose kids have also been impacted by LCPS’s transgender policies, made the more than one-hour drive to court to show their support for Wolfe’s son and the other boy LCPS is trying to punish.

“The transgender issue in the bathrooms and locker rooms, has impacted my family for almost 10 years, and there needs to be some clarity. The court needs to make a decision to ultimately say, girls only, boys only bathrooms, locker rooms, girls only sports,” said Abbie Platt.

Platt says students of the opposite sex have used locker rooms and bathrooms with her daughter and son who currently attend Loudoun County Public Schools.

Platt says LCPS’s policy has made her children extremely uncomfortable to use bathrooms and locker rooms at school.

Loudoun County parent Anne Miller was also in court to show her support for Wolfe’s son and Renae Smith’s son.

“I’m so proud of these boys for being bold and courageous and speaking up about their sincerely held beliefs that nobody should have to change in front of anybody of the opposite sex,” said Miller.

A few years ago, Miller’s son played on a freshman football team at an LCPS high school when a biological female was on the team and the female student allegedly walked around in her underwear in front of the boys in the locker room, which prompted protests against LCPS’s policy at the time.

Loudoun County parent Tumay Harding, who showed her support for Wolfe’s son in court, said LCPS needs to drop its Title IX case against the boys.

“I think it’s very, very concerning when LCPS has had the chance several times to make the right choice, they’ve only doubled down to tell everybody, ‘hey, you need to bend the knee to our policies and our ideologies, or else this will happen to you and your child,” said Harding.

Right now, the Loudoun County School Board is also defending its bathroom and locker room policies against the U.S. Department of Education.

The majority of the school board members not only think their policies are good for transgender students, but also fall in line with the law.

On Friday, 7News reached out to LCPS for comment about the judge’s decision, but they did not respond.