CARSON CITY, Nev. (AP) -- Nevada is withdrawing its support of the state's gay marriage ban.
Attorney General Catherine Corte Masto filed a motion Monday to withdraw the state's legal arguments in a case pending before the 9th U.S. Circuit Court of Appeals.
Republican Gov. Brian Sandoval says he agrees with the move, saying it's clear the state's arguments are no longer defensible in court.
The decision means Nevada will not argue to uphold the constitutional prohibition against same-sex marriage that was passed by voters in 2002.
Eight same sex couple sued the state, arguing the law is unconstitutional.
Nevada lawmakers last year took the first step toward repealing that law. If legislators approve Senate Joint Resolution 13 again next year, it would go to voters on the 2016 ballot.