The Bar Exam: The MBE Questions: The Questions and Answers Bar Examiners Ask Most Frequently Today

91. With reference to question 90, if Reverend Temple brings her own action to declare the law invalid under the US
constitution, what initial defense might the state raise?

(A) The case is unripe because Reverend Temple has not made any admission of homosexuality
(B) The case is unripe because Reverend Temple has not lost his tax-exempt status
(C) The case is unripe because the law goes into effect in three years
(D) The state may raise any of the above defenses