Alex Blaze

That Mass. bar exam question

Filed By Alex Blaze | July 03, 2007 1:23 PM | comments

Filed in: Marriage Equality, The Movement
Tags: Bar exam, First Amendment, law, lawyers, marriage, Massachusetts

Ellen posted yesterday about that guy suing the state bar association and individual justices on the Massachusetts Supreme Court for having to acknowledge that same-sex marriage is part of Massachusetts law. Well, someone on the internet thinks they know the question. I have nothing reputable to back this up, but I thought I'd pass it along (h/t Jeremy):

Mary and Jane, both attorneys, were married two years ago in Massachusetts. The day before their marriage, Mary and Jane each fully disclosed their assets to the other and signed an antenuptial agreement (the "Agreement") in which each of them agreed that if they were ever divorced (i) they would divide any joint marital property evenly, (ii) they would not seek or accept any property that the other brought into the marriage, and (iii) they would not seek or accept child support or alimony from the other. The Agreement was drafted and reviewed by an attorney representing Jane. Mary did not hire an attorney to review the Agreement as she "trusted Jane."

At the time of the marriage Jane had a two year old adopted child, Philip, and Mary was three months pregnant. When Mary gave birth in Boston six months later to Charles, Mary and Jane were listed on his birth certificate as his parents. Mary has treated and referred to Philip as her son, although she did not adopt him. Mary, Jane, Philip and Charles lived in a house in Boston owned by both Mary and Jane. The down payment for this house came only from Mary. Jane was the sole supporter of the family, while Mary stayed at home taking care of Philip and Charles. Mary had no savings, while Jane had over a million dollars in savings from an inheritance that she received when her mother died three years ago. Yesterday Jane got drunk and hit Mary with a baseball bat, breaking Mary's leg, when she learned that Mary was having an affair with Lisa. As a result, Mary decided to end her marriage with Jane in order to live in her house with Philip, Charles, and Lisa.

What are the rights of Mary and Jane?

Maybe someone should be questioning the use of the names "Mary" and "Jane", since, you know, pot is still illegal in Massachusetts.

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Hm, sounds like any other messy divorce question regardless of the sexual orientation angle. Can't imagine why any LAWYER in Massachusetts couldn't answer it. Oh yeah, that guy DIDN'T pass the bar, and now wants a -- what's it called-- a COMMUTATION? Or is the proper legalese a "Do-Over"?

Um, can you say drama? Was this seriously on the bar exam? Because it reads more like an episode of the L-Word. BTW - cute phot Alex. You look smokin HAWT as usual!