The U.S. Supreme Court on Monday declined to hear an appeal to a Texas Supreme Court decision that found that married gay and lesbian couples are not entitled to some benefits.

Earlier this year, the all-Republican court unanimously threw out a lower court finding that city of Houston employees who are gay are entitled to the same benefits as their heterosexual co-workers. The state's highest court sent the case back to a lower court.

“The Supreme Court held in Obergefell that the Constitution requires states to license and recognize same-sex marriage to the same extent that they license and recognize opposite-sex marriages, but it did not hold that states must provide the same publicly funded benefits to all married persons,” Justice Jeffrey Boyd wrote for the court.

The city of Houston appealed the ruling to the Supreme Court. Justices declined to hear the case without comment, ABC News reported.

GLBTQ Legal Advocates & Defenders (GLAD) and the National Center for Lesbian Rights (NCLR) filed an amicus brief in the case. In a joint statement, the groups noted that the Supreme Court rarely accepts cases where a final judgment has not been rendered.

“This case is not over. It will now return to the Texas trial court for a final decision. It was an uphill battle to persuade the Supreme Court to grant review at this juncture because of the Court’s firm rule about taking cases only after a final judgment even where, as we noted in our friend of the court brief, a lower court ruling is subverting an important federal policy. We hope and expect the Texas trial court, on remand, will uphold spousal benefits for employees married to a person of the same sex, as Obergefell and common sense require,” the groups wrote.

The Texas Supreme Court agreed to hear the case after their initial refusal prompted a backlash from Republicans, including Governor Greg Abbott, Lieutenant Gov. Dan Patrick and Attorney General Ken Paxton, who argued that the case provides an opportunity to undermine Obergefell, the 2015 Supreme Court ruling that struck down state laws and constitutional amendments that limit marriage to heterosexual couples.

While the Supreme Court said in Obergefell that gay couples are entitled to the “constellation of benefits that the state has linked to marriage,” conservatives who filed the lawsuit argue that it should be up to states to decide who receives spousal benefits.