On the heels of a U.S. Supreme Court victory this summer for a graphic artist who didn’t want to design wedding websites for same-sex couples, Colorado’s highest court said Tuesday it will now hear the case of a Christian baker who refused to make a cake celebrating a gender transition. …

Earlier this year, the Colorado Court of Appeals sided with Scardina in the case, ruling that the cake — on which Scardina did not request any writing — was not a form of speech. It also found that the state’s anti-discrimination law does not violate business owners’ right to practice or express their religion.

[That’s what makes this decision interesting. Phillips has not previously had much luck with Colorado’s courts, including the state supreme court, which is why the US Supreme Court has had to intervene — twice — to force the state to back off. This time, the state supreme court could have opted to deny the appeal if they didn’t want to rethink their approach. Maybe they’re starting to get the message, and maybe they want to prevent the next appeal to SCOTUS from completely gutting their public-accommodation statutory structure … which may be the next step if this harassment continues. — Ed]