While the Supreme Court heard arguments in a case involving a web designer’s attempt to avoid working on same-sex weddings because she is a devout evangelical Christian, Justice Samuel Alito made jokes about Black Santa, kids in Klan uniforms, and dating websites.
Lorie Smith, a web designer from Colorado, is requesting an exemption from a state statute that forbids discrimination on the basis of sexual orientation in public facilities because she is against same-sex marriage for religious reasons.
In 2016, Smith filed a lawsuit against the government, claiming that the First Amendment of the Constitution gives her the freedom to reject requests from same-sex couples if they don’t align with her personal beliefs.
Alito questioned whether a Black Santa at the mall is required to take a picture with a youngster dressed in a Ku Klux Klan garb even if he doesn’t want to during arguments on Monday, which included a number of difficult hypothetical questions thrown at both sides.
The Colorado solicitor general, Eric Olson, stated that the Black Santa would not be required to comply with the request since KKK garb is not a protected feature under the statutes governing accommodations.
If the same holds true regardless of the child’s race, colour, or other characteristics, Justice Elena Kagan questioned. “You do see a lot of Black children in Ku Klux Klan outfits, right? All the time,” eliciting sporadic laughter.
Another noteworthy instance was when Alito referenced a scenario in which an unmarried Jew asks a Jew photographer to shoot a picture for his JDate profile, referring to the website as “a dating service, I gather, for Jewish people.”
Jewish attorney Kagan intervened to say Alito was correct, which caused the audience to laugh.
Alito then made a joke about Kagan maybe knowing about the next website he listed.
In reference to an online dating service for those looking for extramarital connections, Alito stated, “Next a Jewish person asks a Jewish photographer to take a photograph for his AshleyMadison.com,” which also elicited some amusement from the audience.
“I’m not suggesting that — she knows a lot of things, I’m not suggesting that. OK — does he have to do it?” Alito said.
As they heard arguments for more than two hours on Monday, conservative justices on the high court appeared sympathetic toward the site designer’s request. The supreme court’s decision, which has a 6-3 conservative majority, is not yet apparent.
