Texas Family Code sec. 2.004(b)(6)(F)
“to get a marriage license, you
have to swear your spouse-to-be is not "a son or daughter of a parent's brother or sister, of the whole or half blood or by adoption.”
This statute implies that cousins, once
removed (second cousins) may, in fact, obtain a valid marriage license in The State of Texas, while same-sex couples, including Chris and Sven, are explicitly denied this right by Texas law.6. More than 1,000 federal benefits, privileges and responsibilities are impacted by marital status. Same-sex married couples including Chris and Sven will be denied many of those federal state benefits solely because they are of the same sex and live in Texas. They will also be denied state and employer related benefits.
A. Standard for Granting Preliminary Relief.
7. The standard for evaluating a request for preliminary injunctive relief under Rule 65 is well established in this Circuit. Though, there is no “rigid and comprehensive test for determining the appropriateness of preliminary injunctive relief,”
Tate v. Frey
, 735 F.2d 986, 990 (6
(citations omitted), the court should consider the following four factors:1. Whether the party seeking the injunction has shown a substantiallikelihood of success on the merits;2. Whether the party seeking the injunction will suffer irreparable harmabsent the injunction;3. Whether the injunction will cause others to suffer substantial harm;4. Whether the public interest would be served by the preliminary injunction.
Memphis Planned Parenthood, Inc. v. Sunquist
, 175 F.3d 456, 460 (6
Southern Milk Sales, Inc. v. Martin
, 924 F.2d 98, 103 n.3 (6
Cir. 1991). See also Jane
Case 1:13-cv-00631-SS Document 24 Filed 11/23/13 Page 3 of 10