The Uber driver who allegedly tossed a lesbian couple from his car for kissing in the backseat — telling them it is “illegal” — has been recommended for reinstatement by an administrative law judge pending a final decision on his license.

The case garnered national attention after video showing the aftermath of the June 9 incident went viral, depicting driver Ahmad El Boutari demanding that girlfriends Emma Pichl and Alex Iovine exit his car in lower Manhattan for being “disrespectful.”

The couple claimed they were booted simply for an innocent smooch in the backseat, and called it discriminatory because of their sexual orientation. That complaint got El Boutari’s taxi license suspended.

But administrative law judge Joycelyn McGeachy-Kuls found there wasn’t enough evidence to support those claims.

“[The Taxi and Limousine Commission] has provided no evidence that this refusal of continued service was based on the sexual orientation of these passengers,” she wrote in a July 9 decision. “[El Boutari] credibly testified that he asked the complainants to get out of his car because their conduct violated Uber’s policy prohibiting sexual contact between passengers.”

The Office of Administrative Trials and Hearings judge said she found El Boutari’s testimony credible that he asked the couple to stop engaging in heavy petting — rather than a mere peck on the lips — in part because it was confirmed on video.

In the 62-second clip posted online by Iovine, the driver tells the girls, “I said the first time don’t do it.”

“It seems unlikely that [El Boutari] would notice a brief ‘peck kiss’ through his rearview mirror as he was driving in New York City. It seems unlikely that this ‘peck kiss’ alone would cause him to ask the passengers to get out of his car,” wrote McGeachy-Kuls. “It is also unlikely that [El Boutari] would give up a fare and potentially risk receiving a bad Uber rating for something as mild as a ‘peck kiss.'”

The administrative judge also gave the driver credit because he filed a complaint with Uber within hours after the incident stating the same arguments.

By contrast, she said the women gave conflicting testimony to Uber, the TLC and at the hearing.

She said Iovine initially testified that the driver was yelling, but later admitted they were both speaking at the same volume. Iovine also testified that she might have told the TLC that El Boutari grabbed Pichl’s arm, but acknowledge at the hearing that he hadn’t.

McGeachy-Kuls said there needs to be a “substantial threat to public health and safety” in order to suspend a driver’s license, which wasn’t met in this case.

The TLC, which will make the ultimate decision on El Boutari’s suspension and final status, didn’t immediately respond to a request for comment.

The agency filed for two separate hearings on his case — one on the suspension, and one on revoking his license permanently.

A spokesman for the TLC didn’t immediately respond to a request for comment.