PHOENIX (AP) — The Arizona Supreme Court turned away a constitutional dispute, refusing to hear a challenge to Gov. Janet Napolitano’s order forbidding most state agencies from engaging in job discrimination based on sexual orientation.

One of six Republican legislators who filed the challenge said the Supreme Court’s justices should have agreed to hear the case because Napolitano’s order intruded on lawmaking powers given legislators by the Arizona Constitution.

“The Supreme Court is neglecting its duty,” said Rep. Andy Biggs (R-Gilbert).

As is its custom, the Supreme Court did not explain its decision in the brief order refusing to hear the special-action lawsuit filed by the Scottsdale-based Alliance Defense Fund on behalf of the GOP lawmakers.

The challenge filed in July argues that Napolitano overstepped her authority by setting employment policy and legislating through executive order.

Napolitano’s order prohibited agencies from hiring, firing, promoting or disciplining state employees based on the individual’s sexual orientation.

The order applies only to executive-branch state agencies under her control. It does not apply to private employers, local governments, state universities or state agencies under the control of the Legislature or the courts.

Tim Nelson, Napolitano’s general counsel, said after the lawsuit was filed that the executive order did not make new law because it applied only to those agencies under the governor’s authority.

Alliance attorney Gary McCaleb said there is a strong possibility the lawmakers will file a new challenge, a regular lawsuit starting in Superior Court. “The fact that the Supreme Court declined jurisdiction doesn’t mean that the Superior Court lacks jurisdiction,” McCaleb said.

A spokeswoman for a gay-rights advocacy group welcomed the court’s refusal to hear the challenge.

“That’s wonderful news and certainly in keeping with our interpretation of the law,” said Kathie Gummere, director of public affairs for the Arizona Human Rights Fund.

Napolitano, a Democrat who took office in January, announced the executive order in June at an event held by the gay-rights fund.

“To the people of Arizona, I say, ‘Welcome to a new Arizona,’” Napolitano told 1,000 people at the event.

Arizona lawmakers have defeated legislation several times that would have included sexual orientation in anti-discrimination laws, including three bills in 2001 and another proposal that died in the House in 2002.

Legislators who filed the lawsuit along with Biggs were Sen. Thayer Verschoor (R-Gilbert), and Reps. John Allen (R-Scottsdale), Linda Gray (R-Glendale), Doug Quelland (R-Phoenix), and Joe Hart (R-Kingman).