A man said he failed the Massachusetts bar exam because he refused to answer a question about gay marriage, and claims in a federal lawsuit the test violated his rights and targeted his religious beliefs.
The suit also challenges the constitutionality of same-sex marriage, which was legalized in Massachusetts in 2003.
Stephen Dunne, who is representing himself in the case and seeks $9.75 million, said the bar exam was not the place for a "morally repugnant and patently offensive" question addressing the rights of two married lesbians, their children and their property. He said he refused to answer the question because he believed it legitimized same-sex marriage and same-sex parenting, which is contrary to his moral beliefs.
Dunne, 30, was denied a license to practice law in May after scoring 268.866 on the exam, just shy of the 270 passing grade.
His lawsuit against the Massachusetts Board of Bar Examiners and the Massachusetts Supreme Judicial Court also claims the state government is "purposely advancing secular humanism's homosexual agenda."
I say that Stephen Dunne should get the points and pass his Bar examination. The test violated the first ammendment, freedom of religion, because in many religions, same sex marraige is prohibited. Having a test question on that subject forces the test taker to choose a right answer, even if it's against his or her belief.
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5 comments:
yea i think he is right his rights were violated by having him answer a question about something that was against his beliefs. since he didnt answer it he was not able to become a lawyer?
he should be able to either retake the test or get the points for that question
it was violated because he was forced to answer questions against his beliefs. That is not right and he should be able to retake the test.
This violates the ''right of privacy'' and the first amendment. If a person does not wish to answer a personal question, he/she should not be forced to.
The exam does violate his right in that it asked a question having to do with religion since state(law) and church should be separate. If the question had been answered, and it was worth 2 points, then he should pass. He should have also studied harder since he is cutting it so close. If he does pass, what will happen when he comes across issues dealing with his religious beliefs again?
I say that the questions answered on the exam should have had nothing to do with personal beliefs, and if they are, testers should have nothing held against them. The right of privacy is that which protects this man.
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