New Jersey’s Supreme Court has refused to hear a case on gay marriage, telling supporters to pursue it through the lower courts.

The state currently has civil unions but gay campaigners are pushing for full marriage equality.

They hoped to persuade the Supreme Court to look at the issue but the judges split 3-3 on hearing the case. Four votes are needed for a motion to pass.

Chief Justice Stuart Rabner and Justices Roberto Rivera-Soto and Helen Hoens said that the issue “cannot be decided without the development of an appropriate trial-like record”.

However, they did not say that the case was without merit.

Justices Virginia Long, Jaynee LaVecchia and Barry Albin, who all voted to hear the case, said they hoped that proceedings in a lower court, the Superior Court, would be conducted “with all deliberate speed”.

Silver linings, people, silver linings…