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BAKER v. WADE

No. 82-1590.

769 F.2d 289 (1985)

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 Denied October 23, 1985.

Attorney(s) appearing for the Case

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

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 & Education Fund, Inc.

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

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

Mary F. Keller, Asst. Atty. Gen., Austin, Tex., for State of Tex.

Before CLARK, Chief Judge, GOLDBERG, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, HILL and JONES, Circuit Judges.

Rehearing En Banc Denied October 23, 1985.

REAVLEY, Circuit Judge:

Donald F. Baker, a homosexual, sought a declaration that Tex.Pen.Code Ann. § 21.06 (Vernon 1974) is unconstitutional. Section 21.06 proscribes "engag[ing] in deviate sexual intercourse with another individual of the same sex." Id.1 The district court held that section 21.06 violates the constitutional protections of privacy and equal protection. Baker...

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