SPOKANE — The American Civil Liberties Union (ACLU) and the Northwest Women's Law Center are joining a case in which a Spokane woman was denied a divorce from an abusive husband because she is pregnant.

Shawnna Hughes had her divorce revoked by a Spokane County judge who ruled that state law prohibits divorces until the paternity of a child has been established, which will not occur until after the baby is born.

The case has been sent to the Washington Court of Appeals in Spokane, and the ACLU and women's law center filed a friend-of-the-court brief backing a woman's right to end her marriage regardless of whether she is pregnant.

"This is just holding the woman hostage," said Lisa Stone, an attorney for the law center.

Stone said numerous other women across the state have found themselves in the same situation as Hughes.

A bill to make the state law say clearly that pregnancy is no barrier to divorce already has passed the state House and is pending in the Senate, but that won't help Hughes, who is due this month, Stone said.

The appeals court has been asked to make a quick review of this case, Stone said.

Hughes, a 27-year-old medical assistant, is nine months pregnant and says her estranged husband, Carlos Hughes, is not the father.

Lawyers supporting Hughes' appeal said Superior Court Judge Paul Bastine is misinterpreting a state law intended to standardize paternity and protect the rights of children and the state.

Bastine contended the issue is more complex. Attorneys for Shawnna Hughes did not immediately disclose that she was pregnant in the midst of the divorce proceedings. Under state law, an ex-husband is presumed to be the father of any child born up to 300 days after a divorce and can be liable for child support, Bastine said.

Carlos Hughes was not informed at the time of the divorce that he may be liable for child support, Bastine said.

Further muddying the waters is Shawnna Hughes' reliance on public assistance. The state of Washington objected to the divorce because it might leave the state unable to identify a father and pursue him for repayment of welfare money used to support the child.

Bastine revoked the divorce until paternity is scientifically established.

That outraged women's rights groups.

"A woman's ability to divorce simply should not depend on whether she is pregnant," said ACLU-WA Legal Program Director Julya Hampton.

Hughes filed for divorce in April 2004, and her husband did not object.

During the summer of 2004, she became pregnant by another man. In October, a court commissioner signed the final orders to implement the divorce.

But Bastine revoked the divorce when he learned from the county prosecutor's office that Hughes was pregnant. The Spokane County Prosecutors Office, acting on behalf of the state, agreed with the judge.

Opponents contend the judge's action reflected an archaic view of illegitimacy. By law, a child born to parents who are not married to each other has the same rights as a child whose parents are married. The state's Parentage Act provides that any questions about paternity can be resolved by a paternity test.

Other groups joining the brief include the Refugee and Immigrant Forum; the Washington State Coalition Against Domestic Violence; NARAL Pro-Choice Washington; the National Coalition Against Domestic Violence; Washington NOW; the Washington Coalition of Sexual Assault Programs; Stop Family Violence; and the Family Violence Prevention Fund.