Thursday, August 4, 2005

Pro Bono

Supreme Court nominee John Roberts did pro bono work on behalf of gay-right advocates in the landmark 1996 Romer v. Evans, the Colorado “Amendment 2” case. From the Los Angeles Times:

Supreme Court nominee John G. Roberts Jr. worked behind the scenes for gay rights activists, and his legal expertise helped them persuade the Supreme Court to issue a landmark 1996 ruling protecting people from discrimination because of their sexual orientation.

Then a lawyer specializing in appellate work, the conservative Roberts helped represent the gay rights activists as part of his law firm’s pro bono work. He did not write the legal briefs or argue the case before the high court, but he was instrumental in reviewing filings and preparing oral arguments, according to several lawyers intimately involved in the case.

Gay rights activists at the time described the court’s 6-3 ruling as the movement’s most important legal victory. The dissenting justices were those to whom Roberts is frequently likened for their conservative ideology: Chief Justice William H. Rehnquist, Antonin Scalia and Clarence Thomas.

Roberts’ work on behalf of gay rights activists, whose cause is anathema to many conservatives, appears to illustrate his allegiance to the credo of the legal profession: to zealously represent the interests of the client, whoever it might be.

There is no other record of Roberts being involved in gay rights cases that would suggest his position on such issues. He has stressed, however, that a client’s views are not necessarily shared by the lawyer who argues on his or her behalf.

The lawyer who asked for Roberts’ help on the case, Walter A. Smith Jr., then head of the pro bono department at Hogan & Hartson, said Roberts didn’t hesitate. “He said, ‘Let’s do it.’ And it’s illustrative of his open-mindedness, his fair-mindedness. He did a brilliant job.”

I wonder what James Dobson and the rest of the nutsery thinks of this.