Friday, July 06, 2007

Another Frivolous Lawsuit

First it was a judge suing for millions of dollars for lost pants and now we have a would-be lawyer suing because he failed to pass the Bar exam. What is our legal system coming too? The last thing we need is another ambulance chaser like this guy. He's blaming homosexuals because he couldn't accept the fact that he failed and cannot own up to his shortcomings.
I will admit that I'm not a perfect student and I have not passed all of my tests with perfect scores. There have been times that I have not agreed with a question that a professor was asking on exam but I still attempted to answer it. I think if he even had argued that he would not have accepted the case based on his moral conviction he would have gotten some credit. Maybe even the 1.2 points that he needed to pass. It all boils down to that the exam worked and he wasn't happy with that fact. Maybe if he had studied harder and done better on other portions of the exam he wouldn't have needed the points for that question. I really hope that the presiding judge folds his complaint into a paper airplane throwing it at him, then reams him a new butthole explaining that he should have studied and asks for the next case. I’m surprised that he didn’t add his 2nd grade art teacher to the list of defendants for not giving him a gold star because he went outside of the lines in the coloring book. Here are the statistics for the exam that he took

Taking Exam For

Number Taking

Number Passing

Percentage Passing

First Time

85

284

73.8%

Second Time

163

89

54.6%

Third Time

50

14

28.0%

Fourth Time

40

14

35.0%

Fifth Time or more

57

7

12.2%

TOTAL

695

408

58.7%

I guess if he does pass the Bar exam he can count on a nomination to a judgeship from King George, then he can sue his drycleaner. No wonder the world hates lawyers.

Boston man sues over gay marriage question on bar exam

By Erin Conroy, Associated Press Writer | July 6, 2007

BOSTON --A man who claims he failed the Massachusetts bar exam because he refused to answer a question about gay marriage has filed a federal lawsuit, saying the test violated his rights and that his religious beliefs were targeted.

Stephen Dunne, 30, of Boston, is seeking $9.75 million in the suit against the Massachusetts Board of Bar Examiners and the Massachusetts Supreme Judicial Court. He was denied a license to practice law in May after scoring 268.866 on the exam, just shy of the 270 passing grade.

Dunne, who is representing himself in the case, refused to answer an exam question addressing the rights of two married lesbians, their children and their property, and claims in the suit that it cost him a passing score.

In the suit, Dunne called the question "morally repugnant and patently offensive," and said he refused to answer it because he believed it legitimized same-sex marriage and same-sex parenting, which is contrary to his moral beliefs.

Dunne claims the Massachusetts state government is "purposely-advancing Secular Humanism's homosexual agenda."

He called the question a "disguised mechanism to screen applicants according to their political ideology" and said it "has the discriminatory impact of persecuting and oppressing (Dunne's) sincere religious practices and beliefs" protected by the First Amendment, according to the lawsuit filed in June.

The Massachusetts Board of Bar Examiners declined to comment on what the questions are worth and how the tests are scored. The Massachusetts Supreme Judicial Court declined to comment.

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."

"Knowing the law has nothing to do with agreeing with the law," he said. Yas said if Dunne really believed the question was improper, he should "answer the question correctly, get your law degree and use it to argue for what you believe in."

The suit also challenges the constitutionality of same-sex marriage, which was legalized in Massachusetts in 2003.

Dunne could not immediately be reached by The Associated Press for comment. He told the Boston Herald he has a law degree from a Boston law school and is currently attending a Boston business school.

He said the bar exam is not the place for questions about same-sex marriage.

"There's a different forum for that contemporary issue to be discussed, and it's inappropriate to be on a professional licensing examination," Dunne told the Herald. "You don't see questions about partial-birth abortion or abortion on there."

Lee Swislow, executive director of Gay & Lesbian Advocates & Defenders, said Dunne is trying to use a legal question to advance a political agenda.

"The bar exam was a test of whether he knew how to apply domestic relations law, and he refused to answer," she said. "Now he's suing, and I think that makes him a loser."


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