IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals Fifth Circuit FOR THE FIFTH CIRCUIT FILED October 1, 2010 No. 09-30036 Lyle W. Cayce Clerk OREN ADAR, Individually and as Parent and Next Friend of J C A!S a minor; MICKEY RAY SMITH, Individually and as Parent and Next Friend of J C A!S a minor

Plaintiffs ! Appellees vs.

DARLENE W SMITH, In Her Capacity as State Registrar and Director, Office of Vital Records and Statistics, State of Louisiana Department of Health and Hospitals

Defendant ! Appellant

- - - - - Appeals from the United States District Court for the Eastern District of Louisiana - - - - -

ON PETITION FOR REHEARING EN BANC

(Opinion February 18, 2010, 5 Cir., 2010, _____F.3d____) (Revised Opinion March 5, 2010, 5 Cir., 2010, _____F.3d____)

(October 1, 2010)

BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, WIENER, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.

BY THE COURT:

A member of the court having requested a poll on the

petition for rehearing en banc, and a majority of the circuit

judges in regular active service and not disqualified having

voted in favor,

It is ordered that this cause shall be reheard by the court

en banc with oral argument on a date hereafter to be fixed. The

Clerk will issue a supplemental briefing schedule in the near

future.