The Supreme Court refused to intervene Tuesday in a legal fight over same-sex marriage, declining an appeal from a gay California couple who were denied a license to wed.

The justices declined without comment to take the case of Arthur Smelt and Christopher Hammer of Mission Viejo, Calif. The men had sought a marriage license in southern California’s Orange County in 2004 and, after they were turned down, filed a federal lawsuit that challenged federal and state laws against same-sex marriage.