It was Kennedy’s line of questioning, however, that suggested a possible Solomonic outcome. In a tense line of questions, Kennedy suggested to Colorado’s solicitor general that the state had shown “hostility towards religion” in ruling against Phillips. Kennedy focused on a single statement in the case’s voluminous appendix, in which one of the seven members of the Colorado Civil Rights Commission had said that using religion “to justify discrimination is a despicable piece of rhetoric.”

The tone and nature of Kennedy’s questions suggest that he is inclined to rule for the baker. But his ruling would effectively still be a win for gay rights laws. Kennedy can hold that CADA itself — like hundreds of other civil rights protections — remains completely valid. But this particular proceeding, he might conclude, was infected by anti-religious bias.