Romney lead the opponents of same-sex marriage who collected 170,000 signatures to get an amendment on the 2008 ballot that would define marriage in Massachusetts as between a man and a woman, but their effort still needed the support of a quarter of the Legislature.
When lawmakers failed to vote on the question in November, Mormon Mitt and The Angrey Christian Conservatives sued.
They asked the court to clarify whether the state's constitution required lawmakers to vote on a proposal that was sent to the legislature by a voter petition drive. The Supreme Judicial Court determined it could not force a vote.
"Beyond resorting to aspirational language that relies on the presumptive good faith of elected representatives, there is no presently articulated judicial remedy for the Legislature's indifference to, or defiance of, its constitutional duties," the court wrote.
The same court had ruled in 2003 that the state constitution guaranteed gays the right to marry.
In the lawsuit, Mormon Mitt argued that the people's will was being thwarted and that lawmakers were violating the people's right to petition for a constitutional amendment.
The proposal must be approved in two consecutive legislative sessions to be included on the 2008 statewide ballot.
Lawmakers are due to meet on Jan. 2 — the last day of the session and it is unlikely that they will take a vote on that day.