Utah state officials are challenging a judge’s decision to take a baby girl away from lesbian foster parents.

Judge Scott Johansen said he placed the 1-year-old with a heterosexual couple for her well-being. Johansen said he had seen research showing children do better with straight families.

Now the Utah Division of Child and Family Services says it will go to an appeals court if the judge does not reverse his decision. The agency says Johansen went against its recommendation that the baby should stay with April Hoagland and Beckie Peirce, a married couple.

Johansen’s decision has generated widespread criticism, including from Utah Gov. Gary Herbert, a Republican.

This is not the first time Johansen has faced controversy. In 2012, he offered to reduce a juvenile’s sentence if her mother cut off the girl’s ponytail in court. The mother did it – and then filed a complaint against Johansen.