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Bush court nominee did work for landmark gay-rights case

NewsABPnews  |  August 3, 2005

WASHINGTON (ABP) — John Roberts, President Bush's nominee to the Supreme

Court, donated legal work on behalf of gay-rights groups that helped them win a landmark 1996 case before that panel,

according to the Los Angeles Times.

While he was a private attorney, Roberts did several different kinds of legal work to help prepare the attorneys

arguing on the side of gay-rights groups in Romer vs. Evans. That decision overturned a Colorado law that struck

down all local gay-rights provisions. Justices in the 6-3 majority said the law violated gay and lesbian Coloradoans'

constitutional right to equal protection.



Romer vs. Evans was widely considered the most important legal victory for the gay-rights movement up to that

point. It provided some of the legal basis for the Supreme Court's landmark 2003 Lawrence vs. Texas decision,

which invalidated laws that banned gay sex nationwide.

According to the Times, Roberts helped prepare the attorneys who argued for the gay Coloradoans who protested

the law. He contributed help on legal briefs, and held moot-court sessions to ready the attorneys for oral arguments

before the high court.

At the time, Roberts was an attorney with the Washington firm Hogan & Hartson. He had successfully argued several

cases before the justices, and the firm expected its lawyers to perform pro bono, or charity, work for various

causes.

The lawyer who headed the firm's pro bono department at the time said Roberts did not hesitate when asked to help on

the case. “He said, 'Let's do it.' And it's illustrative of his open-mindedness, his fair-mindedness,” Walter

Smith told the newspaper. “He did a brilliant job.”

The lead attorney for the case, who worked with Roberts, told the paper that people directed her toward the nominee

on the case. “Everybody said Roberts was one of the people I should talk to,” said Jean Dubofsky, who was a former

Colorado Supreme Court justice. “He has a better idea on how to make an effective argument to a court that is pretty

conservative and hasn't been very receptive to gay rights.”

Ironically, the three justices who dissented from the majority in Romer vs. Evans are the ones to whom social

conservatives have favorably compared Roberts. In a minority opinion, authored by Justice Antonin Scalia and joined by

Chief Justice William Rehnquist and Associate Justice Clarence Thomas, Scalia excoriated the very legal reasoning that

Roberts reportedly recommended.

“Coloradans are entitled to be hostile toward homosexual conduct.” Scalia wrote, adding that the majority opinion

had “no foundation in American constitutional law, and barely pretends to.”

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