Court of Appeals for the Fifth Circuit October 23, 1985, 82-1590 (Donald F. Baker v. Henry Wade, District Attorney of Dallas County, Texas, Etc., Danny E. Hill, 47th District Attorney)

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.