Thank you so much for posting the actual text of the Romer decision. I agree with you. I notice that no one else on this thread has even replied to your post. Sad.
I will reply to your post ..... perhaps you should read the entire opinion for Romer vs Evan, including the magnificent dissent by Scalia, who shredded Anthony Kennedy's majority opinion. Obviously the 3 conservative & constructionist SCOTUS justices (Scalia, Thomas, Rehnquist) did not feel this Colorado amendment violated the 14th amendment. Bottom line is that Roberts was dead wrong for participating at all in this case Pro Bono or not, since the effect was to strike down Colorado's right to legislate their own laws, and instead the U.S. Supreme ends up legislating this from the bench. The natural outcome of this despised ruling is another despised activist ruling in Lawrence vs Texas. Roberts helped participate and set the stage for this despicable SCOTUS judicial activist ruling when he should have had a principled objection to overturning a legitimate state's amendment!
Read the entire Romer vs Evan....
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/romer.html