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A district judge has ruled that Masterpiece Cakeshop can continue their lawsuit against the state of Colorado.

According to Nine Newsthe suit claims that having charges brought against the cake shop violates owner Jack Phillips’ First and Fourteenth Amendment rights, and that he lost 40 percent of his income because of his discriminatory practices, and would have been forced to either shut down his shop or violate his own religious beliefs.

Although Phillips won his Supreme Court case, he has since then been sued by someone requesting a birthday cake to celebrate a gender transition. The Colorado Civil Rights Commission is claiming that he is committing a discriminatory act by not making this cake.

It’s not clear yet if Phillips’ case against the state stands much of a chance, but for now, it will be allowed to continue.