Bar Exam Taker Wants His Free Exercise Suit Dismissed

Law school graduate Stephen Dunn who challenged the February Massachusetts bar exam in federal court on Free Exercise grounds has now filed a motion asking the court to dismiss his lawsuit. (Full text of motion to dismiss.) Bay Windows reported yesterday on dthe most recent evelopments. Dunn's lawsuit (see prior posting) claimed that by asking him to answer an essay question on gay marriage, the bar examiners were calling on him to promote views that violate his religious beliefs. Dunn's motion to dismiss says that by excluding questions on gay marriage on the most recent bar exam, bar examiners have assured that future exam takers will not be forced to promote a "liberal ideology". However the state, in its response said:

Defendants wish to make clear that they have not agreed to limit the content of any future examination questions.… That Defendants elected not to ask the same questions ... 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. The Board of Bar Examiners maintains its right to test bar applicants on that same subject matter in future examinations.