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Massachusetts Bar Applicant Suing State for “Unlawful” Question about Same-Sex Marriage

From Law.com:

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. . . .

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.” Dunne claims the defendants violated his First Amendment right to exercise his religion and violated the due process and equal protection clauses of the U.S. Constitution. He also claims their actions impose illegal state regulations on interstate commerce.

Newsflash: Same-sex marriage is legal in Massachusetts. How on earth is it illegal to have a question on the bar exam about it? Looks like all the people and agencies involved are locked down in “no comment” mode. I will note, however, that it’s rather depressing the National Law Journal (original source of the news) still says “homosexual marriage.”

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