A lawsuit against the University of Notre Dame regarding their denial of certain birth control is moving forward

A federal judge rejected a motion from the university to dismiss the case. The lawsuit names Notre Dame along with several federal agencies for their role in a deal that gave Notre Dame an exemption for the contraceptive mandate of the Affordable Care Act.

With the exemption the university changed its policy to cover only what they call “simple” contraceptives, and requires those on the schools health plan to pay out of pocket. A release from one of the plaintiffs, Irish 4 Reproductive Health, says nobody should have to choose between what is right for their body and life and what they can afford.

The South Bend Tribune reports there is a pretrial hearing scheduled for March.