is with the Lord now.

Available here is SCD’s prior coverage of a federal lawsuit brought by Stephen Dunne, who took and flunked the Massachusetts bar exam in July 2006, alleging that the state violated several hundred bazillion of his constitutional rights by including an essay question about gay marriage on the exam.

On September 5, 2007, Mr. Dunne filed a hebephrenic motion to dismiss his own case. In essence, the motion was a victory declaration. The state “removed” the offending question from its most recent bar exam, Dunne said, so his lawsuit was no longer necessary.

Doubting that anyone with both an undergrad degree and a law degree could be so fuck-all ignorant as to believe that the state board of bar examiners had banished the subject of gay marriage from the bar exam in perpetuity, I suspected that Mr. Dunne’s asserted reason for seeking dismissal was pretextual. Maybe, just maybe, I was correct.

Justia has a free online docket for this case, complete with a list of filings and PDFs of actual court documents. Turns out that the numerous defendants, jointly represented by an assistant AG, moved to dismiss the case on July 30. In all likelihood Mr. Dunne read the motion and supporting brief, shat himself repeatedly, and was bereft of clue regarding how to proceed.

The docket shows that on August 15, 2007 Dunne filed a motion “to continue hearing of” the defendants’ “motion for summary judgment.” The defendants hadn’t filed a “motion for summary judgment” but rather a motion to dismiss for failure to state a legally cognizable claim. Moreover, the court hadn’t scheduled any hearing.

The motion to continue itself isn’t available through the online docket, but the court’s order provides some indication of what Dunne said. In an extraordinary display of mercy, the judge granted the motion “on condition the plaintiff files a status report on or before September 7, 2007 providing, after consultation with his treating medical care professionals, a date certain by which he proposes to file his written response to the defendant’s motion to dismiss.” Looks as though Mr. Dunne told the court that he was presently unable to answer the defendants’ motion to dismiss because of a medical condition. He may have been suffering the effects of acute dehydration brought on by above-referenced involuntary bowel movements.

In any event, Dunne filed his own motion to dismiss two days before his court-ordered “status report” was due. The judge, no doubt ecstatic at the prospect of scraping this steaming turd of a case from his docket, granted the motion this Tuesday.

Dunne’s website,, no longer works. It has joined the Choir Invisible, its soul cradled gently in the bosom of Abraham.

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  • […] guy apologizes to gays Stephen Dunne, the man who sued numerous Massachusetts government agencies and officials in federal court over the inclusion of a gay marriage question on the Massachusetts bar exam, has “apologize[d] to the gay community for been an instrument of bigotry and prejudice.” The text of the apology and an interview with an editor of the newspaper to which Dunne sent the apology is available here. Prior SCD entries on Dunne’s lawsuit are available here and here.  […]

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