Mass Bar applicant sues over question on gay marriage

Law.com (the National Law Journal online) also reported recently that

A Massachusetts bar examination applicant who claims he failed the test because he didn't answer a question about homosexual marriage and parenting is suing the test administration agency, the state Supreme Judicial Court and four individual justices for constitutional violations.

In his pro se complaint, plaintiff Stephen Dunne seeks preliminary and permanent injunctions barring the defendants from considering the question in regard to his application to practice law and from enforcing the question in the current or future bar examinations. Dunne is also seeking a jury trial and unspecified compensatory and punitive damages. Stephen Dunne v. The Massachusetts Board of Bar Examiners, No. 07-11166 (D. Mass.)

Dunne claims his score of 268.866 on the November 2006 bar exam just missed the passing score of 270 points because he didn't follow the proscribed format for an unlawful question about gay marriage. Dunne said the question required applicants to "affirmatively accept, support and promote homosexual marriage and homosexual parenting."

No, I think it just required the applicants to state the current law in Massachusetts.