The Colorado Supreme Court is deliberating whether Christian baker Jack Phillips had a constitutional right to refuse to make a cake celebrating a gender transition, in the case Scardina v. Masterpiece Cakeshop. This case follows Phillips' previous partial victory at the U.S. Supreme Court for refusing to bake a wedding cake for a gay couple. Phillips argues that his cakes are a form of protected speech under the First Amendment. The Colorado Court of Appeals had ruled that the cake in question was not expressive speech and that the refusal violated the Colorado Anti-Discrimination Act. Justices are exploring whether the cake's meaning changes based on its context and the message it conveys. In a related development, Montana courts are hearing arguments against a law defining 'sex' in binary terms, challenged by the ACLU as unconstitutional.