EVANSVILLE, Ind. (AP) – A federal judge is weighing whether to grant a preliminary injunction to allow a transgender student to use male bathrooms in an Indiana school district he’s suing over student bathroom availability.

The Evansville Courier & Press reports that U.S. District Judge William Lawrence heard the injunction request Friday in Evansville. The request was made by the 17-year-old Evansville Vanderburgh School Corp. student identified by initials J.A.W.

The student testifies he feels ostracized by peers because he must use either the female restroom or small unisex bathrooms in the nurse’s office. Superintendent David Smith says he’d allow the student to use the male restroom if his birth certificate changed to identify him as male.

Lawrence didn’t immediately rule but said he may before Aug. 8, the district’s first day of school.