This man thinks so. From Law.com:
A Massachusetts bar examination applicant who claims he failed the test because he didn't answer a question about homosexual marriage and parenting is suing the test administration agency, the state Supreme Judicial Court and four individual justices for constitutional violations
The story continues:
Dunne claims his score of 268.866 on the November 2006 bar exam just missed the passing score of 270 points because he didn't follow the prescribed format for an unlawful question about gay marriage. Dunne said the question required applicants to "affirmatively accept, support and promote homosexual marriage and homosexual parenting." Dunne claims the defendants violated his First Amendment right to exercise his religion and violated the due process and equal protection clauses of the U.S. Constitution. He also claims their actions impose illegal state regulations on interstate commerce.
Interesting. I certainly respect Dunne's right to morally oppose same-sex marriage being the law, but I'm wondering if he has a case here. Whether he likes it or not, same-sex marriage is legal in Massachusetts. If the question did actually require him to support a policy he disagrees with, then there's a big problem, but you'd have to prove that (and farnkly, I find that kind of dubious, considering this is the Bar exam). Also, what of the fact that he must have certainly gotten other questions wrong? Can you argue that you failed because of that question, when there are clearly others you got wrong as well?
Of course, as I said, if the Bar exam does actually force applicants to potentially compromise their beliefs (as opposed to simply applying laws), then he has a case. I'd really like to see that question, in order to determine whether we have a case of authentic anti-Christian bias, or someone with a political axe to grind, who cannot pass the bar. Who knows?
HT: Pam's House Blend