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CITY OF DALLAS v. ENGLAND

No. 3-92-243-CV.

846 S.W.2d 957 (1993)

The CITY OF DALLAS and Mack Vines, Appellants, v. Mica ENGLAND, Appellee. Mica ENGLAND, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

February 10, 1993.

Attorney(s) appearing for the Case

Craig Hopkins, Office of the City Atty., Dallas, for City of Dallas and Mack Vines.

Edward J. Tuddenham, Wiseman, Durst & Tuddenham, Austin, for appellant/appellee Mica England.

Dan Morales, Atty. Gen., David J. Guillory, Asst. Atty. Gen., Austin, for State of Texas.

Before POWERS, ABOUSSIE and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

Mica England, appellee, sued the State of Texas, the City of Dallas, and Mack Vines, challenging the constitutionality of the Texas statute criminalizing private sexual relations between consenting adults of the same sex, Tex. Penal Code Ann. § 21.06 (West 1989), and seeking to enjoin the Dallas Police Department's policy of not hiring lesbians and gay men because they violate this criminal statute. Because England's challenge to the constitutionality...

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