View Poll Results: Should this man have failed the bar exam for refusing to answer this question?
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Yes, he should have just kept his personal beliefs to himself and answered the question
No, the test violated his rights
07-06-07, 08:00 PM #1
Man who failed the bar exam because he refused to answer gay marriage question is now suing, claiming the test violates his rights
BOSTON -- A man who failed the Massachusetts bar exam because he refused to answer a question about gay marriage has filed a federal lawsuit, claiming the test violated his rights and that his religious beliefs were targeted.
Stephen Dunne, 30, of Boston, is seeking $9.75 million in the suit against the Massachusetts Board of Bar Examiners and the Massachusetts Supreme Judicial Court. He was denied a license to practice law in May after scoring 268.866 on the exam, just shy of the 270 passing grade.
Dunne, who is representing himself in the case, refused to answer a question addressing the rights of two married lesbians, their children and their property, and claims in the suit that it cost him a passing score.
In the suit, Dunne's called the question "morally repugnant and patently offensive," and said he refused to answer it because he believed it legitimized same-sex marriage and same-sex parenting, which is contrary to his moral beliefs.
Dunne claims the Massachusetts state government is "purposely-advancing Secular Humanism's homosexual agenda."
The "disguised mechanism to screen applicants according to their political ideology has the discriminatory impact of persecuting and oppressing (Dunne's) sincere religious practices and beliefs" protected by the First Amendment, and was "invasive and burdensome," according to the lawsuit filed in June.
The suit also challenges the constitutionality of same-sex marriage, which was legalized in Massachusetts in 2003.
Dunne could not immediately be reached by the Associated Press for comment. He told the Boston Herald he has a law degree from a Boston law school, and is currently attending a Boston business school.
He said the bar exam is not the place for questions about same-sex marriage.
"There's a different forum for that contemporary issue to be discussed, and it's inappropriate to be on a professional licensing examination," Dunne told the Herald. "You don't see questions about partial-birth abortion or abortion on there."
The Massachusetts Board of Bar Examiners and the Massachusetts Supreme Judicial Court declined to comment.
07-06-07, 08:13 PM #2
I wonder if that was the only question that chose not to answer, or if there were questions that he answered incorrectly.
If the test questions have defined right and wrong answers (based on Massachusetts laws) as opposed to subjective answers, then his failure to answer one of the questions (regardless of the content of the questions) should absolutely count against him.
Asking a potential lawyer for a legal response to the rights of persons involved in gay marriage does not condone or castigate gay marriage, IMO.
07-06-07, 08:33 PM #3GrasshopperVerified LEO
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Attorney's, like us, have to put aside personal belief and do the job they are given. There are some laws I don't like, but it does not mean I will not enforce them or not do my duty.And Shepards we shall be,
for thee, My Lord, for thee,
Power hath descended forth from Thy hand,
That our feet may swiftly carry out Thy Command.
So we shall flow a river forth to Thee
And teeming with souls will it ever be.
In Nomine Patris, Et Filli, Et Spiritus Sancti.
07-06-07, 08:50 PM #4*************************"It wouldn't take much for me to up and run...to another life somewhere in the sun."*************************"There's something inherently wrong with having to put on a bullet-proof vest and a gun to go to work."-(An old friend)
Any statements or opinions given in my postings or profile do not reflect the opinions, views, policies, and/or procedures of my employer or anyone else other than me. They are my personal opinions or statements only, thereby releasing my employer , any other entity, or any other person of any liability or involvement in anything posted under the username "Cidp24" on O/R.
07-06-07, 09:12 PM #5Public conscience message board
post on a board with a heart.
07-06-07, 09:39 PM #6
Aww. Poor little attorney wants to go to trial only on certain laws. There's always the bagger position at the local grocery store.Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me
We are who we choose to be.
R.I.P. Arielle. 08/20/2010-09/16/2012
07-06-07, 10:45 PM #7
truely a masshole.http://www.allpoetry.com/Grunts%20Girl
We dallied under
Vine maples and sapling alders
Searched for lady slippers
Found blackberry riots and
An old skid road
Brought ghost ferns and
Hollows filled with
While waves wrapped
Intricate lacings of weeds
'Round mule spinners
His cyanotic eyes
Were hard enough to make
The sun turn tail and
Tender enough to attract me
To his world of illusion
07-07-07, 01:23 AM #8
No one fails a test just for not answering one question. Instead of wasting his time on a lawsuit, he should spend it studying so he can get all the other questions right.
07-07-07, 01:40 AM #9
Holy shit... I agree with Jenna!
Oh, wait, ok, I'm not the one changing. Jenna's just being Bearified.\\` ` ` ` < ` )___/\
`` ` ` ` (3--(____)
"...but to forget your duck, of course, means you're really screwed." - Gary Larson
07-07-07, 12:14 PM #10
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