The issue focused on Supreme Court Justice Ruth Bader Ginsburg's judicial rulings against Proposition 8 and legalizing gay marriage in California. As Judge Gorsuch pointed out, while courts across the nation were unanimous that legalized gay marriage violated federal law, Judge Ginsburg argued that laws banning same-sex marriage violate constitutional rights as well. The lawsuit argues that Judge Ginsburg should have stayed her ruling because she ruled unconstitutional laws prohibiting gay marriage violate constitutional rights as well.

Judge Gorsuch responded by arguing that despite Judge Ginsburg's technical