Missing the Point
Call me crazy, but the point of the bar exam is to ensure that lawyers, well, understand the law well enough to help their clients.
I have no idea how requiring an understanding of Massachusetts laws regarding gay marriage could possibly constitute a breach of a would-be lawyer's rights. Judging by the logic this man
is employing in his lawsuit, I doubt he'd be much of a lawyer anyway:
A Massachusetts man who failed the bar exam when he refused to answer a question on gay marriage is suing the bar agency that administered the test, the Supreme Judicial Court and four justices on the court alleging his constitutional rights were violated by a requirement he answer all questions on the test.
Stephen Dunne received a score of 268.866 when he took the test last November. He needed 270 points for a passing grade and according to court documents his failure was the result of refusing the answer a question about same-sex marriage.
Gay marriage is legal in Massachusetts and the bar exam questioned prospective lawyers about the law and gay parenting.
In his lawsuit Dunne alleges that the question requires applicants to "affirmatively accept, support and promote homosexual marriage and homosexual parenting."
That he claims is a violation of his First Amendment right to exercise his religion and violates the due process and equal protection clauses of the U.S. Constitution.
This is actually even more ridiculous on its face than pharmacists refusing to provide birth control.