IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION
CHRISTOPHER DANIEL McNOSKY, and SVEN STRICKER,
, v. TEXAS GOVERNOR RICK PERRY, et al.
§ § § § § § § § Case No. 1:13-CV-0631 SS
STATE DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION _________________________________________________________________________
TO THE HONORABLE SAM SPARKS: Defendants Texas Governor Rick Perry and Texas Attorney General Greg Abbott make this Response to Plaintiffs’ Motion for Temporary Restraining Order and Preliminary Injunction (Dkt. 18) and would respectfully show the Court the following:
Plaintiffs ask the Court for a temporary restraining order and a preliminary injunction to prevent Defendants from enforcing a validly enacted Texas constitutional amendment, Tex. Const. art. 1, sec. 32, and statute, Tex. Fam. Code § 2.001. The Court should deny Plaintiffs’ motion. A preliminary injunction is “an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.”
Winter v. Natural Res. Def. Council, Inc.
, 555 U.S. 7, 22 (2008) (emphasis added
); see also Mazurek v. Armstrong
, 520 U.S. 968, 972 (1997) (per curiam) (an injunction is “an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion”) (citation
Case 1:13-cv-00631-SS Document 23 Filed 11/21/13 Page 1 of 11