DES MOINES, Iowa (AP) — A lawyer fighting a discrimination lawsuit against Iowa officials is withdrawing from the case. George LaMarca has billed Iowa taxpayers nearly $1 million to fight the case filed by former state official Chris Godfrey against Gov. Kim Reynolds and former Gov. Terry Branstad. Godfrey accuses Reynolds and Branstad of discrimination based on sexual orientation. The 73-year-old LaMarca says poor health is forcing him to retire.

Judge Brad McCall accepted LaMarca’s withdrawal today (Wednesday). He also granted a delay in the trial that was scheduled for Jan. 14. Godfrey’s attorney Roxanne Conlin argues the withdrawal is a delay tactic and says LaMarca should have to repay taxpayers. Branstad in 2010 pressured Godfrey to resign. When Godfrey refused, Branstad cut his salary. Branstad says his actions were justified by Godfrey’s performance.