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.https://leagle.com/images/logo.png
October 23, 1985.
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.
United States Court of Appeals, Fifth Circuit.
ON PETITION FOR REHEARING EN BANC
REAVLEY, Circuit Judge:
By the opinion at 769 F.2d 289 this court held that Danny E. Hill was entitled to intervene and pursue the appeal and, on the merits, declined to invalidate the Texas penal statute that proscribes "deviate sexual intercourse with another individual of the same sex." Nine of the sixteen participating judges joined in that decision. Seven judges dissented on the procedural...
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