WASHINGTON, DC -- Senate Judiciary Committee chairman
Arlen Specter on Tuesday questioned Supreme Court chief justice nominee
John Roberts about his involvement in a landmark case that overturned an
antigay Colorado law in 1996.
Regarding the case of Romer v. Evans, Specter said to Roberts, "You gave
some advice on the arguments to those who were upholding gay rights.
There's a quotation by Walter Smith, who was the lawyer at Hogan Hartson
in charge of pro bono work. And he had this to say about your
participation in that case...trying to help the gay community in the case
in the Supreme Court—Mr. Smith said, quote, 'Every good lawyer knows that
if there is something in his client's cause that so personally offends
you, morally, religiously, or if it so offends you that you think it would
undermine your ability to do your duty as a lawyer, then you shouldn't
take it on. And John'—referring to you—'wouldn't have. So at a minimum, he
had no concerns that would rise to that level.' Does that accurately
express your own sentiments in taking on the [inaudible] to the gay
community in that case?"
Roberts responded, "I was asked frequently by other partners to help out,
particularly in my area of expertise, [and it] often involved moot
courting. And I never turned down a request. I think it's right that if
there had been something morally objectionable, I suppose I would have.
But it was my view that lawyers don't stand in the shoes of their clients
and that good lawyers can give advice and argue any side of a case. And as
I said, I was asked frequently to participate in that type of assistance
for other partners at the firm. And I never turned anyone down."
Regarding the case of Romer v. Evans, Specter said to Roberts, "You gave
some advice on the arguments to those who were upholding gay rights.
There's a quotation by Walter Smith, who was the lawyer at Hogan Hartson
in charge of pro bono work. And he had this to say about your
participation in that case...trying to help the gay community in the case
in the Supreme Court—Mr. Smith said, quote, 'Every good lawyer knows that
if there is something in his client's cause that so personally offends
you, morally, religiously, or if it so offends you that you think it would
undermine your ability to do your duty as a lawyer, then you shouldn't
take it on. And John'—referring to you—'wouldn't have. So at a minimum, he
had no concerns that would rise to that level.' Does that accurately
express your own sentiments in taking on the [inaudible] to the gay
community in that case?" 
The Hunk
