DETROIT (AP) – A judge has denied a motion to dismiss a lawsuit filed by a group of transgender people against Michigan Secretary of State Ruth Johnson.

Six transgender people living in Michigan filed the lawsuit in May with the help of the American Civil Liberties Union. reports that the lawsuit argues the residents’ constitutional rights to privacy are being violated by a state policy that makes it difficult or impossible to change the gender recorded on their driver’s licenses.

U.S. District Judge Nancy Edmunds ruled Nov. 16 that the privacy issue was valid and declined to review the others.

The Secretary of State’s office requires the information listed on a person’s driver’s license to match the information on the applicant’s birth certificate.