The Minnesota Supreme Court on Tuesday refused to review a case challenging the constitutionality of the state's ban on gay marriage, paving the way for the suit to proceed to trial, the reported.

The case was filed on May 11, 2010 by three gay couples: Doug Benson and Duane Gajewski; Thomas Trisko and John Rittman; and Jessica Dykhuis and Lindzi Campbell along with their 2-year-old son Sean.

Benson also serves as executive director of Marry Me Minnesota.

In January, a Minnesota Court of Appeals overturned a lower court's ruling dismissing the lawsuit, saying that the plaintiffs had a right to make their case. The decision was appealed to the state Supreme Court.

Voters in the state will decide in November whether to amend the Minnesota Constitution to define marriage as a heterosexual union. Some supporters of marriage equality fear that the case could play into arguments that the amendment is needed to protect the state's current definition of marriage from being overturned by “activist” judges. But a ruling in the case is not expected until after the vote.