The first hint of possible common ground that could win a majority of justices in the U.S. Supreme Court case of the Colorado baker’s clash with a same-sex couple over a wedding cake came during arguments in December.

The case of Masterpiece Cakeshop v. Colorado Civil Rights Commission, decided 7-2 on Monday, “clearly tore at the soul of Justice [Anthony] Kennedy, requiring him to choose between protecting the rights of gay men and lesbians and First Amendment rights,” said Abner Greene of Fordham Law School.