And civil liberties advocates are still hoping to shut it down, or at least force the acceptance of a boy.
The system, announced to the public in 2000, has been criticized by civil liberties advocates.
Civil liberties advocates say it is also one of the most constitutionally suspect.
Even so, civil liberties advocates recognize the power of religious positions on social issues.
But civil liberties advocates said they thought the higher state courts would be more receptive.
Other concerns raised by the civil liberties advocates are more troubling.
Human rights and civil liberties advocates have raised concerns about the prospect of martial law.
A number have joined civil liberties advocates to appeal the Bono case.
But industry executives and civil liberties advocates say these guidelines go beyond the scope of the law.
Some civil liberties advocates say they are horrified by the proposal.