Friday, August 03, 2007

Some Weekend Reading

Following up on yesterday's post about Stephen Dunne, who failed the Massachusetts Bar exam because he wouldn't answer a question touching on gay marriage, I've got some weekend reading for everybody, if they're interested.

First, head over to Dunne's site and take a look as his (amended) complaint filed in federal court.

Second, take a look at the Bar's motion to dismiss, supporting memorandum, and attached exhibit.

Then, ponder in the issues for a while. To get you started here (apparently) is the question that Dunne refused to answer (#4, from page 5-6 of the exhibit - paragraph breaks added):

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?
I'll do the same and be back with some thoughts on Monday.

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