But in denying the motion for a temporary restraining order, the court kept open the ACLU's ability to take additional legal action should the amendment pass.

The ACLU of Hawai'i had argued that the ballot amendment be nullified because the state failed to comply with constitutional mandates to publish the amendment's text at least four weeks before the election. A Circuit Court judge last week denied a similar motion for a temporary restraining order.

The court ruled 4-1 that it did not have jurisdiction on the matter because the Circuit Court judge had not made a final judgment in the case. But the justices said the ACLU could pursue the matter in the Circuit Court or through an election challenge with the Supreme Court following the election.

ACLU legal director Brent White said he was not disappointed with the court's ruling.