Supreme Court Justice Alito Jokes About Black Santa And KKK During Same-Sex Wedding Case

Posted December 5, 2022 by with 11 comments

We already know that the bigoted Jesus freak will almost certainly win and be allowed to discriminate against gays in Colorado, but Justice Alito was somehow able to make this whole case even worse by joking about Black Santas and white babies in KKK outfits during arguments today. Via NBC:

Web designer Lorie Smith of Colorado opposes same-sex marriage on religious grounds and is seeking an exemption from a state law that outlaws discrimination on the basis of sexual orientation in public accommodations.

Smith sued the state in 2016, arguing that she has a free speech right under the Constitution’s First Amendment to reject requests by same-sex couples because it conflicts with her own views.

During arguments Monday, which included a series of tough hypothetical questions directed at both sides, Alito asked whether a Black Santa at the mall is obligated to take a picture with a child dressed up in a Ku Klux Klan outfit even if he doesn’t want to.

Eric Olson, the Colorado solicitor general, said that the Black Santa wouldn’t have to follow through with the request since KKK outfits are not protected characteristics under accommodation laws.

Justice Elena Kagan asked whether the same applies regardless of whether the child is Black or white or any other characteristic. Alito quipped, “You do see a lot of Black children in Ku Klux Klan outfits, right? All the time,” drawing scattered laughter.


Later during arguments, comedian Samuel Alito also “joked” about a Jewish dating website and the extramarital affairs website AshleyMadison.

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