Chuck Cooper, at the last minute, dramatically exploded Reinhardt's efforts to locate Californians right to gay marriage in Romer v. Evans, as Bill Duncan points out:
'. . . In his rebuttal, Charles Cooper read an excerpt from Romer (that I certainly didn’t remember was in there) that specifically disavowed the idea that the decision was premised on taking away a right. As Mr. Cooper noted, the decision says: “Yet Amendment 2 [the law challenged in that case], in explicit terms, does more than repeal or rescind these provisions. It prohibits all legislative, executive or judicial action at any level of state or local government designed to protect the named class, a class we shall refer to as homosexual persons.'
So, if the judges are seriously considering a Romer decision, their theory was dealt a pretty hard blow. Whoever found the quote should get a bonus."