He did not argue the case before the Supreme Court, but he was instrumental in reviewing filings and preparing oral arguments, according to a report in the Los Angeles Times.

"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," the newspaper reports.

Walter A. Smith, then head of the pro bono department at Roberts' law firm, Hogan & Hartson, asked for Roberts' help on the case and he agreed immediately. "It's illustrative of his open-mindedness, his fair-mindedness," said Smith. "He did a brilliant job."

The case before the Supreme Court, Romer vs. Evans, dealt with a voter-approved 1992 Colorado initiative that would have allowed employers and landlords to exclude gays from jobs and housing.

A 6-3 ruling striking down the initiative was handed down in May 1996.

Jean Dubofsky, lead lawyer for the gay rights activists, said Roberts' work in the case was "absolutely crucial."

And Suzanne B. Goldberg, a lawyer with Lambda, a legal services group for gays and lesbians, called the Supreme Court ruling the "single most important positive ruling in the history of the gay rights movement."

Antonin Scalia – who was joined in his dissent by Clarence Thomas and William H. Rehnquist – said: "Coloradans are entitled to be hostile toward homosexual conduct."

Roberts did not mention the case in his 67-page response to a Senate Judiciary Committee questionnaire that was released Tuesday.

The committee had asked for specific instances in which he had performed pro bono work.

Smith said the omission was most likely an oversight because Roberts wasn't the chief litigator in the case.

In another pro bono case, Roberts failed to overturn a Washington, D.C., measure that took welfare benefits away from homeless people.

Editor's note:
Rush Limbaugh Says the War for the Court Has Begun! Find Out Details – Click Here Now