For now, it’s back to five. Massachusetts, Connecticut, New Hampshire, Vermont and Iowa are the only states that officially allow gay marriage, following last week’s defeat of the practice in Maine. Supporters of gay marriage outspent their opponents by more than $1 million, and enjoyed the backing of the governor, legislative leaders and major newspapers. Yet the vote revealed that, even in a state known for a strong libertarian streak, Americans are still not quite comfortable with same-sex unions.

The ballot measure to repeal gay marriage, which had been signed into law by Gov. John Baldacci in May, drew an exceptionally high turnout of around 55 percent. The vote was decisive, with 53 percent against gay marriage and 47 percent for. That makes Maine the 31st state in 31 elections to reject gay marriage by a popular vote. Yet supporters had pinned their hopes on Maine as potentially the first state to do the opposite. At this point, gay marriage exists only thanks to legislative or court action.

The outcome in Maine suggests that, for gay-marriage backers, a new strategy may be in order. The state-by-state quest for popular support has been a reasonable approach. The problem, increasingly clear, is that widespread acceptance could take years. Meanwhile, homosexual couples are denied key rights, and their children are stigmatized as not belonging to true families.

It is important for gays and lesbians to continue reaching out, acting as ambassadors for their cause. Thanks to such efforts, much resistance has already faded. Indeed, efforts to outlaw discrimination against gays have made slow, steady progress in many states. However, prejudice often dies hard. It took court action to make interracial marriages legal, in the 1960s. And even so, just last month, a Louisiana justice of the peace, Keith Bardwell, refused to marry a white woman and a black man. Increasingly, federal action, either through the courts or Congress, seems to be the only real resort for gays.

In January, the American Foundation for Equal Rights (AFER) will seek to have California’s Proposition 8 overturned in U.S. District Court. (With Proposition 8, Californians voided a state court decision legalizing gay marriage.) The case is being closely watched, not least because one of AFER’s lawyers is Ted Olson, a conservative who has argued many cases before the U.S. Supreme Court. The chances now seem greater that, one way or another, gay marriage will land on the high court’s docket. It is a gamble that many activists prefer not to risk. Yet it could prove unavoidable.