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GOP lawmaker revives bid to overturn same-sex marriage

A Republican lawmaker has once again revived a bid to overturn same-sex marriage protections in the US, claiming it threatens the stability of “society as a whole”.

Pink News

by Amelia Hansford

Feb 24, 2026

North Idaho GOP legislator Tony Wisniewski introduce a joint memorandum on Monday (23 February) that would call on the US Supreme Court to reverse its landmark decision on Obergefell v Hodges.

The 2015 ruling held that same-sex couples have a constitutional right to marriage, overruling any anti-LGBTQ+ laws from dissenting states. It has routinely come under attack from homophobic legislators.

Speaking at a House State Affairs Committee, Wisniewski, 74, bizarrely claimed that the Supreme Court’s ruling threatened to destabilise society by ignoring what he called the “strengths” of a heterosexual family unit.

“The government did not create families or marriage, but they have to recognise that the family is the fundamental building block of society,” he said. “The strengths that these two complementary natures of a father and a mother give strength, direction, and stability to the family and therefore society.”

And look at the way the Supreme Court has been ignoring the Constitution, using Constitutional Originalism to drag the nation backward to the 18^th century! It doesn't look good for us.

While this specific move in Idaho is cause for concern, it is currently unlikely to move beyond a preliminary House vote, as a similar memorial brought by Idaho Republicans previously failed to reach the Senate. It is also unlikely the US Supreme Court will hear this specific case after it rejected a similar bid in November of last year.

But the new twist Republicans are pushing is based on the originalist argument that for a right to be protected by the 14th Amendment, it must be “deeply rooted in this nation’s history and tradition.” By that logic, if we weren’t “legal” in the 1700s or 1800s, they don’t think we should be legal now—much like the right for women to vote. By that reasoning, slavery, burning witches, and cruel and unusual punishments would still be legal!

If the Court were to overturn marriage equality, the 35 states that still have dormant bans or constitutional amendments on their books could potentially see those bans “spring back” to life if the Supreme Court reversed its 2015 precedent.