Virginia is not the only state with a stake in the same-sex marriage arguments heard on Tuesday before a federal appellate panel. If Virginia’s ban goes, so too may bans in North Carolina, South Carolina and West Virginia.

And, judging by comments made by the three-judge panel of the U.S. Court of Appeals for the Fourth Circuit hearing Virginia’s case, the fate of the state’s ban, one of the most restrictive in the country, could hang on the vote of one judge.