Marriage Equality at a Crossroads

California Republic the right to marry is a fundamental right

Dear Pride Family,

Just days ago, the Supreme Court of the United States (SCOTUS) was petitioned to overturn a landmark same-sex marriage ruling. Moments like this have become too common. And still, we know they can inspire anger, fear and overwhelm. In some ways that’s what they’re designed to do. And, while we feel the weight of this moment—the rage, the fear, the grief— we can also refuse to be defined by it. 

Our power isn’t born in the absence of pain—it’s what we choose to build together in spite of it, often because of it. This is what makes our pride unbreakable and our power unshakeable. Few things are certain, but San Diego Pride will be here beside you in the fight. Even if we need a moment to process and grieve a moment like this. In this case that starts with centering ourselves on what is actually happening. Here are things to know about the petition before the Supreme Court:

This is a petition, not a ruling. The Supreme Court has not yet agreed to hear the case.

Marriage equality has not been overturned. Obergefell remains the law of the land nationwide. At the same time, the risk to marriage equality and civil rights should not be underestimated. This is just the latest element of a broader, coordinated assault on personal autonomy: court petitions + state-level measures urging SCOTUS to revisit Obergefell, and messaging designed to scapegoat and leverage our communities in an attempt to galvanize an anti-progressive base.

Now what?

SCOTUS will enter the Fall “Long Conference” period that runs from late September to early October. During this time, Justices will consider hundreds of petitions for the new term that begins the first Monday in October. At the end of that period, we can expect to know whether SCOTUS will accept review and consider overturning Obergefell.

If review is denied, the judgment stands, and Obergefell remains intact. If review is granted, briefing and arguments would occur during the term and a Supreme Court decision is likely by June 2026.

We have been here before. This action echoes the path pursued to overturn Roe v. Wade. The petition borrows Dobbs framing—calling prior precedent “egregiously wrong” and targeting substantive due process—the logic used to end Roe and the right to an abortion. That is intentional.

What does it mean for LGBTQ Americans—practically?

For now, nothing changes—we are still able to marry, and current marriages are valid. If Obergefell were to fall, licensing could become a state-by-state patchwork. On its own, a reversal of Obergefell would not invalidate marriages already performed (as widely reported and legal experts have pointed out). The 2022 Respect for Marriage Act (RFMA) requires the federal government and all states to recognize legal marriages of same-sex and interracial couples performed in any state.

What are California state protections?

California voters passed Prop 3 (2024), adding a state constitutional right to marry and repealing Prop 8—locking in state-level protection regardless of federal shifts. Robust state nondiscrimination protections (employment, housing, services) remain in force, including protections for gender identity and expression. 

What can we do?

The ACLU is currently tracking 604 Anti-LGBTQ+ bills nationwide. The same networks fueling attacks on reproductive freedom are pursuing rollbacks on LGBTQ+ rights (including trans healthcare, bathroom access, and family recognition). Policy tracking shows volume and coordination. Our response must also be intersectional. 

These are not easy moments to navigate, and they can impact mental health. If you need support you can find it in community the San Diego LGBT Center through their Behavioral Health Services programs. 

San Diego Pride transformational community-building and grassroots movements to advance equality and respect for LGBTQIA+ people locally, nationally and globally. Join us and our allied organizations. 

  • Fuel the movement. Donate now to help propel our work for LGBTQIA+ rights, visibility, and futures.

You matter. We’re so glad to be in community together. Every voice, every story, every person shapes the unshakeable power of Pride. 

In Pride,

San Diego Pride

Rainbow_flag_and_blue_skies

About San Diego Pride

San Diego Pride raises funds primarily through festival ticket and beverage sales, and through sponsorships, and exhibitor fees. These funds support San Diego Pride’s community philanthropy which has distributed more than $2.5 million in advancement of its mission to foster pride, equality, and respect for all lesbian, gay, bisexual, and transgender communities locally, nationally, and globally.