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Marie et al v. Moser et al

MEMORANDUM IN SUPPORT of 3 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order

17 Cited authorities

  1. Elrod v. Burns

    427 U.S. 347 (1976)   Cited 4,212 times   7 Legal Analyses
    Holding that local government could not constitutionally base public employment opportunities on political affiliation or nonaffiliation

  2. Burwell v. Hobby Lobby Stores, Inc.

    573 U.S. 682 (2014)   Cited 724 times   50 Legal Analyses
    Holding that the choice between providing insurance coverage in accordance with the plaintiffs’ religious beliefs or paying a large fine was a substantial burden

  3. United States v. Windsor

    570 U.S. 744 (2013)   Cited 674 times   92 Legal Analyses
    Holding unconstitutional under the Fifth Amendment a federal law recognizing opposite-sex-sex but not same-sex marriages because its "principal purpose [was] to impose inequality, not for other reasons like governmental efficiency"

  4. Am. Civil Liberties Union of Ill. v. Alvarez

    679 F.3d 583 (7th Cir. 2012)   Cited 361 times   4 Legal Analyses
    Holding that the Illinois eavesdropping statute violated the First Amendment in an action involving the open recording of police officers

  5. Awad v. Ziriax

    670 F.3d 1111 (10th Cir. 2012)   Cited 252 times
    Holding harm is "irreparable" when monetary relief after a full trial would be inadequate.

  6. Bonnell v. Lorenzo

    241 F.3d 800 (6th Cir. 2001)   Cited 325 times
    Holding that a professor "may have a constitutional right to use words such as ‘pussy,’ ‘cunt,’ and ‘fuck,’ but he does not have a constitutional right to use them in a classroom setting where they are not germane to the subject matter"

  7. Hobby Lobby Stores, Inc. v. Sebelius

    723 F.3d 1114 (10th Cir. 2013)   Cited 198 times   10 Legal Analyses
    Holding that plaintiffs demonstrated a likelihood of success on the merits of their RFRA claims and remanding for consideration of the remaining preliminary injunction factors by the district court

  8. Prairie Band of Potawatomi Indians v. Pierce

    253 F.3d 1234 (10th Cir. 2001)   Cited 272 times
    Holding that preliminary injunction giving tribe temporary state recognition of its registration and titles did not "afford the tribe substantially all the relief it might recover"

  9. Kitchen v. Herbert

    755 F.3d 1193 (10th Cir. 2014)   Cited 121 times   1 Legal Analyses
    Holding Utah statutes and state constitutional amendment banning same-sex marriage unconstitutional under the Fourteenth Amendment

  10. U.S. v. Spedalieri

    910 F.2d 707 (10th Cir. 1990)   Cited 184 times
    Holding that trial court's determination of whether defendant accepted responsibility should not be disturbed, unless it is without foundation

  11. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,334 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  12. Section 23-2501 - Nature of marriage relation

    Kan. Stat. § 23-2501   Cited 4 times

    The marriage contract is to be considered in law as a civil contract between two parties who are of opposite sex. All other marriages are declared to be contrary to the public policy of this state and are void. The consent of the parties is essential. The marriage ceremony may be regarded either as a civil ceremony or as a religious sacrament, but the marriage relation shall only be entered into, maintained or abrogated as provided by law. K.S.A. 23-2501 Added by L. 2011, ch. 26,§ 1, eff. 7/1/2011