UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

INTERNATIONAL COALITION FOR RELIGIOUS FREEDOM; et al., Plaintiffs, vs. THE STATE OF MARYLAND, et al. Defendants. _____________________________________

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Case No. L 992940 MEMORANDUM IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION

Table of Contents

I. INTRODUCTION

II. A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION SHOULD ISSUE FORBIDDING DEFENDANTS FROM FURTHER UNLAWFUL CONDUCT AND FROM ISSUANCE OF ITS FORMAL REPORT

III. THE RESOLUTION IS UNCONSTITUTIONAL

A. Text of the Resolution

B. The Resolution Has an Unlawful Intent as Evidenced by the Legislative History

C. The Resolution Is Unconstitutional on Its Face

D. The Conduct of the Task Force is Unconstitutional

IV. PLAINTIFFS HAVE STANDING TO SEEK RELIEF

V. A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTIVE RELIEF ARE APPROPRIATE AND WARRANTED

1. There is a substantial likelihood of irreparable harm to the plaintiffs and others if the preliminary injunction is denied.

2. There is No Likelihood of Harm to the Defendants If the Injunction Is Granted

3. There is Substantial Likelihood That the Plaintiffs Will Succeed on the Merits

4. The Public Interest Weighs Heavily in Favor of the Plaintiffs

VI. CONCLUSION

Table of Authorities

Cases

Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976).

 Hughes Network Sys. v. Interdigital Communications Corp., 17 F.3d 691 (4th Cir.1994)

 Lemon v. Kurtzman, 403 U.S. 602 (1971).

Levitt v. Committee for Public Education and Religious Liberty, 413 U.S. 472 (1973)

 Rum Creek Coal Sales, Inc. v. Caperton,926 F.2d 353 (4th Cir.1991)

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