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BAKER v. WADE

Civ. A. No. 3-79-1434-R.

553 F.Supp. 1121 (1982)

Donald F. BAKER, Plaintiff, v. Henry WADE, District Attorney of Dallas County, Texas, in his official capacity; and Lee Holt, City Attorney of Dallas, Texas, in his official capacity; and the Class of all City, County and District Attorneys in the State of Texas, in their official capacities, Defendants.

United States District Court, N.D. Texas, Dallas Division.

August 17, 1982.

Attorney(s) appearing for the Case

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

Charles Baldree, Asst. Dist. Atty., Joseph G. Werner, Kent S. Hofmeister, Asst. City Attys., Dallas, Tex., for defendants.

MEMORANDUM OPINION

BUCHMEYER, District Judge.

This is a suit by a homosexual, Donald F. Baker, attacking the constitutionality of § 21.06 ("Homosexual Conduct") of the Texas Penal Code. Section 21.06 (and the related definitions in §§ 1.05 and 21.01) provide:

"A person commits an offense if he [or she] engages in deviate sexual intercourse with another individual of the same sex. "`Deviate sexual intercourse' means any contact...

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