The Kentucky Supreme Court will hear arguments in August over whether a slot machine-like device, known as Instant Racing, is legal in the state.
The high court on Wednesday set a hearing in the case for Aug. 21 in Frankfort. The state and The Family Foundation, which is challenging the game, were given 30 minutes each to make their case.
The game allows patrons to bet on historic races without knowing the names of the trainers, jockeys or horses involved. Kentucky Downs in Franklin and Ellis Park in Henderson each offer the game.
The Family Foundation challenged its legality.
Kentuckians are allowed to bet on horse racing, bingo, pull-tabs and lotteries, but lawmakers have resisted opening the state to other forms of gambling.