under the New Jersey Constitution, the New Jersey intermediate appellate court holds, by a 2-1 vote — one dissenter would have held that the opposite-sex-only rule in New Jersey law violates the state constitution.

UPDATE: Daniel Schmutter points out that, because there's a dissent, the losers have a right to have the New Jersey Supreme Court hear their appeal on the merits. (Otherwise, the state supreme court, like many supreme courts, would have had the discretion to just let the appellate decision stand without further detailed review, if it concluded based on a cursory look that the constitutional claim wasn't "substantial.").