As of today, thirty states have banned marriage recognition by state constitutional amendment. In the remaining twenty states, six already recognize marriage rights. The remaining fourteen states include three states in which the supreme courts have already rejected challenges (Washington, New Jersey, Maryland, though activists recently re-filed in New Jersey, a possible exception), four other states (Wyoming, Minnesota, Indiana and Rhode Island) in which courts are Republican dominated (or dominated by Republican appointees -hardly an exact predictor of judicial voting patterns, but not an insignificant one either), and in another state, Maine, voters rejected marriage equality at the ballot, possibly making a court wary of going the other way on the issue. Finally, Minnesota and North Carolina seek to pass constitutional amendments banning marriage equality. The five remaining states, Pennsylvania, West Virginia, Delaware, New Mexico and Illinois, are not necessarily the best candidates for litigation, when the other options are also considered. Thus, in short, victories in these types of cases will be fewer and further between: the most promising litigation, I would argue, has already been filed.