It's been a while since I've taken my bar review course, but I seem to remember something in the review materials about this situation....namely that suing the bar examiners after you fail the exam is not usually a successful strategy.
http://www.boston.com/news/nation/articles/2007/07/06/mass_bar_sued_for_gay_marriage_question/
Looks like this dude came within a whisker of passing the bar and is now suing because one of the essay questions - about same sex marriage - struck him as morally questionable. He "refused" to answer it (ie: ran out of time) and is now suing the test makers over the question's morality. Incedentally, he's also representing himself in the lawsuit....and, while he's at it, throwing in a challenge to the constitutionality of same sex marriage for good measure.
I don't know how this lawsuit comes out. What I do know is that the Boston legal community is notoriously chatty....and that, until the end of time, people will see this guy's name and say..."Hey, aren't you the guy that sued the bar exam over the gay marriage question? That was really dumb."
Check out some of the early reviews from some members of the Boston Bar. Not very promising:
"The bar exam was a test of whether he knew how to apply domestic relations law, and he refused to answer. Now he's suing, and I think that makes him a loser."
David Yas, editor of Massachusetts Lawyers Weekly, said the suit was "idiotic" and that Dunne was "completely missing the point about what it means to be a lawyer."
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