Summum v. Pleasant Grove City

499 F.3d 1170, 2007 U.S. App. LEXIS 20458, 2007 WL 2410684

Opinions

ORDER

These matters are before the court on two separate petitions for rehearing, both with en banc suggestions, filed by the ap-pellees. The petitions were filed separately and correspond to the two opinions issued in these appeals on April 17, 2007.

The requests for panel rehearing are denied by the original panel which decided these cases.

The en bane petitions were transmitted to all of the judges of the court who are in regular active service. A poll was requested. Through an equally divided vote, the decisions of the panel will stand. See Fed. R.App. P. 35(a); 10th Cir. R. 35.5 (noting that a majority of the active judges of the court may order rehearing en banc). Accordingly, the en banc requests are denied. Judges Lucero, O’Brien, McConnell, Tym-kovich, Gorsuch and Holmes would grant rehearing en banc. Judges Lucero and McConnell have filed dissents to the denial. They are attached and incorporated in this order. Judge Gorsuch has joined in Judge McConnell’s dissent. Judge Tacha, writing separately, has responded. That response is also incorporated in this order.