During oral arguments Monday before the Supreme Court, Justice Samuel Alito make a tasteless and disturbing “joke” about black kids wearing KKK robes that quickly lit up social media with anger and revulsion.
According to HuffPost, Alito’s comment came during questions from the justices for attorneys.
While hearing the case of a Christian graphic artist in Colorado who says designing wedding websites for gay couples is against her faith, Justice Ketanji Brown Jackson asked attorney Kristen Waggoner whether, following her arguments, a hypothetical photographer would be able to refuse taking photos of a white Santa Claus with Black children.
Waggoner, who is representing the designer, responded that the photographer would be able to refuse taking the photos.
That led Alito to ask if a black Santa could refuse to take photos with a black child wearing a KKK robe.
Colorado Solicitor General Eric Olson responded, “Ku Klux Klan outfits are not protected characteristics under public accommodation laws.”
Justice Sonia Sotomayor then joined the debate:
“Presumably, that would be the same Ku Klux Klan outfit regardless whether if the child was black or white or any other characteristic.”
Alito then dropped his “joke” in response to Sotomayor’s comment:
“You do see a lot of Black children in Ku Klux Klan outfits all the time.”
But Alito wasn’t finished. He later tried to humiliate Justice Elena Kagan by suggesting that she was familiar with an online dating site.
Alito’s sense of humor didn’t sit well with many on Twitter.