Bill allows divorce for pregnant women

OLYMPIA — Pregnant women will be allowed to divorce their husbands in the state of Washington, thanks to a bill Gov. Christine Gregoire signed yesterday.

"We thought this was the law about 50 years ago," said Rep. Mary Lou Dickerson, D-Seattle, the bill's sponsor.

"No kidding," Gregoire responded. "I was surprised."

The bill was inspired by the plight of Shawnna Hughes, a Spokane woman seeking to divorce her abusive husband. A Spokane County judge revoked her divorce because she was pregnant.

Superior Court Judge Paul Bastine ruled that state law said marriages can't be dissolved until the paternity of the unborn child is established, so the state knows who should pay child support.

The judge's interpretation "set very dangerous policies for women, particularly women in violent relationships," said Terri Sloyer, Hughes' lawyer. "You're basically holding them hostage in relationships with abusers."

Hughes appealed. Lawyers supporting her said Bastine misinterpreted a state law intended to standardize paternity and protect the rights of children and the state.

Hughes' estranged husband, Carlos Hughes, is in jail in Montana awaiting trial on federal drug charges. Hughes has stated in court records that the father of her baby is her boyfriend, Chauncey Jacques, who pleaded guilty to a gang-related shooting in 1998 that blinded an elderly man.

While the Spokane case brought attention to the law, Dickerson said judges across the state have made similar decisions in divorce cases. The bill Gregoire signed adds two sentences to state law, clarifying that judges can't use pregnancy as the sole basis for denying or delaying a divorce. Dickerson said the bill was crafted to avoid conflicts with the state's child-support law.

The new law will take effect July 23. It won't help Hughes, whose appeal is scheduled for oral arguments next month.