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BAKER v. WADE

No. 82-1590.

743 F.2d 236 (1984)

Donald F. BAKER, Plaintiff-Appellee, v. Henry WADE, District Attorney of Dallas County, Texas, Etc., et al., Defendants, Danny E. Hill, 47th District Attorney, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted January 28, 1985.

Attorney(s) appearing for the Case

William Charles Bundren, Roderic G. Steakley, Dallas, Tex., for Hill.

Mark White, Atty. Gen. of Tex., Douglas M. Becker, Theresa Ann Kraatz, Asst. Attys. Gen., Austin, Tex., for State of Tex.

Donovan Campbell, Jr., Dallas, Tex., for amicus Doctors Against A.I.D.S.

James C. Barber, Dallas, Tex., for plaintiff-appellee.

Thomas J. Coleman, Jr., Houston, Tex., for amicus Texas Human Rights Foundation.

Abby R. Rubenfeld, Nan D. Hunter, New York City, for amicus Lambda Legal Defense & Educ. Fund, Inc.

Leonard Graff, San Francisco, Cal., for amicus Nat. Gay Rights Advocates.

Robert R. Murdoch, Los Angeles, Cal., for amicus Medical Advisory Council of Aids Project/Los Angeles.

Before GOLDBERG, RUBIN and REAVLEY, Circuit Judges.

Rehearing En Banc Granted January 28, 1985.

ALVIN B. RUBIN, Circuit Judge:

One who performs "deviate sexual intercourse" with another person of the same sex in Texas is guilty of a misdemeanor. A homosexual sued a class of all Texas district, county, and city attorneys, challenged the constitutionality of this statute, and the State, represented by Texas' Attorney General, intervened to defend the statute. After the district court, 553 F...

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