Samuel Alito used oral arguments to “joke” about the KKK and one of his female colleagues using Ashley Madison.
, there are a lot of terrible people currently serving on the United States Supreme Court. But is Justiceoral arguments for a case,about a website designer’s refusal to work on same-sex weddings. That designer,sued the state of Colorado in 2016 over its anti-discrimination laws, which she claimed violated her First Amendment right to refuse to work with same-sex couples.
—thinks Smith should absolutely be able to deny service to individuals whose sexual orientation she doesn’t agree with. And while he didn’t just come out and say, “discrimination is good,” he did come close!a hypothetical wherein she argued that Smith’s stance is no different from a photography studio refusing to photograph Black children for scenes meant to evoke old-timey Christmases past, when Black children wouldn’t have been allowed to pose in the white section of the mall.
“If there’s a Black Santa at the other end of the mall and he doesn’t want to have his picture taken with a child who’s dressed up in a Ku Klux Klan outfit, that Black Santa [can’t refuse] that?” Alitoresponded, that’s nota actually the case: a Black Santa can already refuse to pose with someone wearing a KKK outfit, since Ku Klux Klan outfits “are not protected characteristics under public accommodation laws,” while things like gender identity and sexual orientation are.
wearing a KKK outfit, whether they were white, Black, or a member of any other protected group. To which Alito snarkily interjected, “You do see a lot of Black children in Ku Klux Klan outfits, right? All the time.” Later, he insisted on returning to the scenario that he clearly thought was a major owning of the libs.
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