WASHINGTON — Supporters and opponents of Supreme Court nominee John G. Roberts Jr. were caught off guard Thursday by news that he once had worked behind the scenes to help gay rights activists win a key case before the nation's highest court.
Debate erupted on conservative and liberal websites, with partisans on both sides asking whether Roberts' assistance was an aberration from his conservative record or a sign that his views might be less ideological than commonly thought.
Social conservatives expressed dismay about his participation in the case but said they were not convinced it amounted to an endorsement of gay rights, which they strongly opposed.
"While this is certainly not welcome news to those of us who advocate for traditional values, it is by no means a given that John Roberts' personal views are reflected in his involvement in this case," according to a statement by the political arm of Focus on the Family, a national organization of conservative Christians. "That's what lawyers do -- represent their firm's clients, whether they agree with what those clients stand for or not."
Some of Roberts' conservative supporters denounced the focus on the case as an effort to set Republicans against each other.
It "is a red herring meant to divide the right," said Sean Rushton, executive director of the Committee for Justice, which helps coordinate strategy on judicial nominations for conservative groups.
Similarly, liberal activists said the revelation did not temper their concern that Roberts was less supportive of civil rights than they would like.
"A primary issue for us is to what degree, if any, this work reflects on the judicial philosophy Judge Roberts would bring to the Supreme Court," said Kevin Cathcart, executive director of Lambda Legal, a major gay rights advocacy group.
Cathcart said his group remained concerned about Roberts' "much more extensive advocacy of positions that we oppose."
The White House sought to play down Roberts' participation in the case, Romer vs. Evans. The Supreme Court in 1996 voted, 6 to 3, to strike down a voter-approved Colorado initiative that would have allowed employers and landlords to exclude gays from jobs and housing.
Roberts, then a lawyer at the Washington firm of Hogan & Hartson, helped gay rights activists prepare arguments against the initiative as part of his firm's pro bono work.
