Friday, July 06, 2007

Stupid Lawsuits, Bar Exam Edition

Even in the midst of my busy bar study schedule, this demands blogging attention: Boston Man Sues Over Gay Marriage Question On Massachusetts Bar Exam. (Via Reason's Hit and Run.

According to the story, the Massachusetts man refused to answer a question about the property and parental rights of two married lesbians. Apparently in his complaint, the man called the question "morally repugnant and patently offensive."

After doing hundreds upon hundreds of practice questions, I have only one thought - Does this mean I can refuse to answer crim law and con law questions that legitimize the morally repugnant and patently offensive war on drugs?

In all seriousness, for those who may be interested and as a point of clarification, bar exams ask questions of only settled, not unsettled law. In Massachusetts, the courts have recognized gay marriage, so asking a question about it merely asking about a settled legal issue- no one is being asked to make a moral argument or to defend the law as it exists. As with every other question on every state's bar exam, the bar examining committee in Massachusetts is only asking bar takers to apply a fact pattern to settled law- you know, that thing that lawyers need to be able to do. We don't have to like the law, but the idea is, we should know how it works.


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