Homophobic Bar Exam Taker Moves to Dismiss Own Lawsuit

Stephen Dunne barely missed passing the July 2006 Massachusetts bar exam. His score, just over one point below the minimum passing score, would have no doubt been sufficient had he answered an essay question about gay marriage. He didn’t answer, so he didn’t pass.

Back in July he filed suit pro se against the Board of Bar Examiners and Justices of the Massachusetts Supreme Court, claiming that answering the gay marriage question would have required him to “affirmatively accept, support and promote homosexual marriage and homosexual parenting” in violation of his Christian beliefs.

Dunne has now filed a motion for voluntary dismissal without prejudice. The basis of his motion is that “Defendants have removed the patently offensive and morally repugnant question” from the July 2007 bar exam, which constitutes “assurance that all future examinees . . .  will not be forced to accept, support a liberal ideology . . . .”

Slow down there, big fella. As the state pointed out in its response, “Defendants elected not to ask the same questions on both the February and July, 2007 bar examinations merely reflects their standard practice of not repeating questions on successive bar examinations. Defendants maintain that the question to which Plaintiff objects was a legitimate question regarding the current state of law in the Commonwealth.”

Now that Mr. Dunne knows his declaration of victory was a bit premature, he might withdraw his motion to dismiss. I hope so. If the motion is any indication at all, future filings in this case would provide hours of pricelessly hysterical reading.

H/T Religion Clause.

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