Opponents Of Same-Sex Marriage Drop Bid To Get Judge Tossed From Case

Gay marriage opponents have dropped their attempts to stop a federal appeals court judge from considering the constitutionality of California’s same-sex marriage ban.

Backers of the ban had asked Judge Stephen Reinhardt of the 9th U.S. Circuit Court of Appeals to step down because he’s married to Ramona Ripton, head of the American Civil Liberties Union’s Southern California office. The ACLU is an outspoken opponent of Proposition 8.

In a brief order issued Thursday, Reinhardt refused to recuse himself from the three-judge panel that will decide whether a lower court was right to strike down Proposition 8. He maintains that he’ll decide the case impartially.

A lawyer for ProtectMarriage.com, the group behind the appeal, now says it “accepts the judge’s decision.”