David Lat's excellent newsletter, Original Jurisdiction, pointed out these two exchanges in the website designed case, which are completely bizarre.
JUSTICE ALITO: Justice Jackson [offered an] example of the 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 to have his picture taken with a child who's dressed up in a Ku Klux Klan outfit, that black Santa has to do that?
[Colorado Solicitor General ERIC] OLSON: No, because Ku Klux Klan outfits are not protected characteristics under public accommodation laws.
JUSTICE KAGAN: And, presumably, that would be the same Ku Klux Klan outfit regardless whether the child was black or white or any other characteristic.
JUSTICE ALITO: You do see a lot of black children in Ku Klux Klan outfits, right? All the time….
YIKES!
Here's another doozy:
JUSTICE ALITO: Okay. An unmarried Jewish person asks a Jewish photographer to take a photograph for his Jdate dating profile. It's a dating service, I gather, for Jewish people.
JUSTICE KAGAN: It is.
(Laughter.)
JUSTICE ALITO: All right. Maybe Justice Kagan will also be familiar with the next website I'm going to mention. So, next, a Jewish person asks a Jewish photographer to take a photograph for his ashleymadison.com dating profile.(Laughter.)
JUSTICE ALITO: I'm not suggesting that. I mean, she knows a lot of things….
Double yikes.