New Jersey's Supreme Court won't consider whether the state's civil union law provides equal rights to gay couples before the case is heard in a lower court.
The court announced Monday it cannot consider the merits of the claim by six same-sex couples that New Jersey's civil union law is unconstitutional until there is a trial record.
Gay couples unsuccessfully sued New Jersey four years ago for the right to marry. They claim by creating civil unions, the state has not fulfilled a court order to treat them the same as heterosexual couples seeking to marry.
The justices were split 3-3, one vote shy of the four needed for a motion to be granted.
Copyright AP - Associated Press
