Gay Marriage Opponents Quit Fight to Remove Judge

SAN FRANCISCO (AP) — 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 Proposition 8 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.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

SAN FRANCISCO (AP) — A federal appeals court judge is refusing to recuse himself from considering the constitutionality of California's gay marriage ban,

Backers of Proposition 8 had asked Judge Stephen Reinhardt of the 9th U.S. Circuit Court of Appeals to remove himself from the three-judge panel considering the appeal next week.

Reinhardt denied the request in a brief order Thursday, saying he will impartially decide the case.

The backers question Reinhardt's impartiality because he is married to lawyer Ramona Ripston, who heads the American Civil Liberties Union's Southern California office. The ACLU is an outspoken opponent of Proposition 8.

Prop 8 backers are asking the panel to overturn a lower court decision that struck down the California ballot measure.