It's just the first round of bets, but the state won the hand in a battle to preserve its ban on Internet gambling. A King County judge has upheld Washington state's ban on online gambling, setting back the hopes of players who want to play for real money.

Superior Court Judge Mary Roberts dismissed the lawsuit filed by Lee Rousso on behalf of himself. Rousso is an avid gambler and poker player who is also an attorney.

His complaint claimed the state's ban, passed by the Legislature in 2006, violates the U.S. Constitution's commerce clause. That law prohibits states from discriminating against interstate business.

While the judge ruled that Rousso had legal standing to bring the suit forward, something he fought 10 months to do, he did not satisfy the narrow standard to invalidate the law.

"The state loves gambling, it's a gigantic business. It's just the state protecting its turf," Rousso said in reaction to the judge's decision. The turf he refers to is the state-sponsored lottery, Indian casinos and horse racing where the state gets money directly and indirectly.

Poker players like Mary and Gary Miller of Federal Way will have to wait to back up their online chips with real money.

"It's frustrating," says Mary as she and her husband watch an online poker match on their home computer. It's just one of thousands of Internet poker matches being played online with people around the world.

The problem for Mary and Gary, they can join a table that is playing "only" with fake money. If they want to play with real money, they would be breaking Washington law. It's a Class C felony, punishable by five years in prison and a fine up to $10,000.

"I'd like to play for money because it's my choice and they are not giving me a choice," says Gary Miller.

Washington is the only state that prohibits online betting of any type. It's a stigma that professional poker player Barry Greenstein believes the state doesn't need.

"The politicians are dictating what you can do in the privacy of your own home. It makes it look like a pretty backward place," says Greenstein. Greenstein joined about two dozen online poker supporters who rallied in front of the Norm Maleng Regional Justice Center in Kent were the case was heard.

Rousso plans to appeal. He says he'll take his case all the way to the U.S. Supreme Court if necessary. The Millers are planning to move to Arizona where they can ante up for real online.

"It's a little more fun when it's for real money," says Gary.