DENVER (AP) – State lawmakers soundly rejected a plan to impeach a judge because of his ruling in a child custody case involving a lesbian couple, saying he apparently made the best decision possible.

On an 8-3 vote, the House Judiciary Committee defeated a resolution calling for the impeachment of Denver Judge John Coughlin.

While the session has been marked by attempts to rein in so-called activist judges, Rep. Matt Smith, R-Grand Junction, said the facts of the case don’t show Coughlin acted unlawfully.

“It is not Colorado’s place to offer up a judge to stop judicial activism across the country,” Smith said.

The ruling came in a case involving Dr. Cheryl Clark and her former partner, Elsey McLeod.

Clark adopted a daughter from China with McLeod posing as her roommate, since Chinese and Colorado law don’t allow same-sex couples to adopt. A judge approved a joint custody agreement but the couple later split up and Clark converted to Christianity.

The case wound up before Coughlin, who gave Clark sole responsibility for the 7-year-old girl’s religious upbringing. However, he told her not to expose the child to anything “that can be considered homophobic.”

Rep. Greg Brophy, R-Wray, fought to impeach Coughlin, saying the judge had violated the religious freedoms guaranteed to Clark and her daughter. He also said the judge broke the law by giving joint custody to McLeod since he said she had no legal standing as a parent under Colorado law.

Coughlin, a former Denver prosecutor and oil and gas lawyer, was not present for the vote or a five-hour hearing on the subject. His lawyer, Andy Loewi, criticized lawmakers for even considering the measure.

“It had nothing to do with Judge Coughlin’s record of 25 years of exemplary service. It had everything to do with the extreme political agenda of certain political groups dedicated to undermining an independent judiciary,” he said.

Rep. Don Lee, R-Littleton, said Coughlin’s ruling went too far and didn’t recognize existing Colorado law, which prevents same-sex couples from adopting.

“I think the intention was to promote a policy that this state has not established through the law,” said Lee, who voted to impeach along with Rep. Lori Clapp, R-Centennial, and Rep. Richard Decker, R-Fountain.

Committee chairwoman Rep. Lynn Hefley, R-Colorado Springs, said it was a mistake for Coughlin to add the phrase about homophobic teaching in his order since Clark had already said she wouldn’t expose her daughter to anything negative about gays and lesbians.

However, she said the law required Coughlin to act in the best interest of the girl, who had grown up knowing both women as parents.

“He was in a predicament and I think, quite frankly, he acted compassionately,” she said.

Meanwhile, Rep. Anne McGihon, D-Denver, criticized Brophy for trying to get details from Coughlin to bolster his impeachment effort.

A month before Brophy announced he wanted to impeach Coughlin, he wrote to the judge to say he was considering introducing a bill to clarify that non-parents and non-spouses aren’t eligible to get custody. He asked Coughlin to tell him which laws allowed him to grant partial custody to McLeod.

Brophy defended his actions, saying he wanted to know the legal basis for the judge’s ruling. Coughlin simply referred Brophy to his ruling.