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:
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.
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.
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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.