Students who wish to form a gay-straight alliance club at their Florida school have won a partial victory in a lawsuit brought against the school board which banned them from doing so.

On Thursday, a federal judge refused to throw out the lawsuit brought by the students against the board of Carver Middle School, which is situated near Orlando.

The judge also refused to issue a preliminary injunction to allow the club to convene at the school.The students filed this lawsuit in December, following an earlier lawsuit challenges the board’s refusal to allow the club.

The next stage in the lawsuit, the second of its kind to be brought against the school for the same reason, will now move onto the exchange of evidence.

At the time of the original board meeting to decide on the club last year, a plane was flown over the school board building in Lake County, urging it to allow all clubs.