A civil rights panel cannot force a battered women’s shelter to admit a trans woman, a federal court in Alaska has ruled.

“Downtown Hope Center serves everyone, but women deserve a safe place to stay overnight,” said lawyer Kate Anderson of the Alliance Defending Freedom, a public interest law practice that represents Hope Center. “No woman—particularly not an abuse survivor—should be forced to sleep or disrobe next to a man. The court’s order will allow the center to continue in its duty to protect the vulnerable women it serves while this lawsuit moves forward.”

U.S. District Judge Sharon Gleason, who was appointed to the bench by former President Barack Obama, ruled for Hope Center, saying a civil rights ordinance banning discrimination in places of “public accommodation”, does not apply to homeless shelters because they are not places of “public accommodation.” The judge issued a preliminary injunction against the commission, barring it from bringing enforcement actions against Hope Center while the case continues.