The Supreme Court passed up a chance Monday to consider if states can ban members of the Ku Klux Klan and other groups from wearing masks at public gatherings.

Without comment, justices rejected an appeal from an offshoot of the KKK whose members wear white robes, hoods and masks. The Church of the American Knights of the Ku Klux Klan had challenged as unconstitutional a New York law that allows loitering charges against someone who is “masked or in any manner disguised by unusual or unnatural attire or facial alteration.”