PROTECTED KLANS: Justice Alito accused of racial bias after KKK example in discrimination case
As the Supreme Court ponders a case whose ruling could set a new precedent in free speech and discrimination, Justice Samuel Alito made an observation suggesting that forbidding a white mall Santa to reject children of color is the same as forcing a Black Santa to cater to customers in Ku Klux Klan robes.
The case, 303 Creative LLC v. Elenis, centers on whether a businessperson selling creative work has the right to reject customers who are LGTBQ or another protected class, based on the idea that a creative project (in this case a wedding website) is classified as the creator’s speech, and that she should not be forced to engage in “speech” (tacit approval of same-sex marriage) that she doesn’t support.
After Justice Ketanji Brown Jackson questioned whether the same claim of creative control would apply to, for instance, a mall Santa who refused to take photos with Black children because he was part of a creative project envisioned to show a specific ‘nostalgic’ 1940’s to 1950’s Christmas, Alito seemed to think he had a rebuttal to offer. He proposed an alternative Christmas hypothetical, in which the Santa was Black and the child was wearing Klan robes.
While Jackson’s imagined scene was a direct analogy to the case before the Court, addressing the claims of artistic control and exclusive vision, Alito’s seemed intended to flip the script by making the hypothetically-rejected child white — and putting him in racist gear.
Colorado’s solicitor general, Eric Olsen, gently explained to the Supreme Court Justice that, while “white” would be a protected class, “KKK” would not.
Alito said:
“Justice Jackson’s example of a Santa in the mall who doesn’t want his picture taken with Black children. So if there’s a Black Santa at the other end of the mall and he doesn’t want his picture taken with a child who is dressed up in a Ku Klux Klan outfit, that Black Santa has to do that?”
When it was pointed out to Alito that a hooded robe would not be a protected characteristic, he seemed to hint that it would be a uniquely “white” trait, sarcastically saying, “You do see a lot of Black children in Ku Klux Klan outfits. All the time, right?”
We can all hope that Alito doesn’t actually frequently — or ever — see children of any race or skin color in KKK robes.
Listen to the exchange below.
Justice Alito jokes with Justice Kagan that, "You do see a lot of Black children in Ku Klux Klan outfits all the time," during oral arguments in a free speech case. pic.twitter.com/QoCfDVhuEQ
— The Recount (@therecount) December 5, 2022
The response to Alito’s comments on social media was not positive in the least.
“Justice” Alito comparing LGBTQ+ families to the KKK is a despicable new low for him and the Supreme Court.
He is deliberately demonizing LGBTQ+ Americans and mainstreaming the Klan with a false equivalence far more sinister than gaslighting — it’s criminalizing homosexuality. https://t.co/oPBC7J9vqW
— Christine Pelosi (@sfpelosi) December 5, 2022
https://twitter.com/JoyAnnReid/status/1599819655740534784?s=20&t=a2-5MwDXAr3u5IYegOq3cw
https://twitter.com/namwella1961/status/1599828043014365184?s=20&t=a2-5MwDXAr3u5IYegOq3cw
Justice Alito literally just compared a white kid in a KKK outfit taking a picture with a black Santa (being offensive) to a gay couple wanting a website designed for them by a religious bigot.
These people are not wise.
Not above us.
They deserve no respect or restraint.— Southpaw Leftist (@SouthpawLeftist) December 5, 2022
Samuel Alito is a racist, misogynistic, and homophobic piece of shit. What a monster.
— Trevor "Trev" McKee Achilles 🇺🇸 🇺🇦 (@MrTAchilles) December 5, 2022
Justice Alito appears to be comparing a Black Santa not wanting to take pics with a child in a KKK outfit to LGBT families who want to be able to receive services from businesses that are open to the public.
Wonder why the Court has no credibility?https://t.co/KXpNbXtWEn
— Michael J. Stern (@MichaelJStern1) December 5, 2022
Steph Bazzle covers politics and theocracy, always aiming for a world free from extremism and authoritarianism. Follow Steph on Twitter @imjustasteph.
