Washington State House Democrats

Senate votes to protect the safety and rights of pregnant women seeking divorce

Dickerson measure heads to Governor’s desk

April 6, 2005

OLYMPIA – The state Senate today voted 43-0 to prevent Washington judges from using a woman’s pregnancy as the sole basis for denying a divorce.

"I’m proud and relieved that both the House and Senate voted unanimously to protect the safety and rights of pregnant women seeking divorce," said state Rep. Mary Lou Dickerson (D-Seattle), who authored the proposed law.

Dickerson introduced the legislation after a Spokane judge denied a divorce to Shawnna Hughes, a victim of domestic violence, because she was pregnant. Spokane Superior Court Judge Paul Bastine, who has since retired, claimed "it is the policy of the state that you cannot dissolve a marriage when one of the parties is pregnant."

The Hughes case made headlines in newspapers across the nation last January.

"Ms. Hughes not only represents women in the state of Washington, but women all over the United States who are victims trying to escape domestic violence," Hughes’ attorney, Teri Sloyer, told a public hearing on Dickerson’s bill.

Sloyer recounted that Hughes’ estranged husband sent "violent and graphic pictures from the jail that were causing (Hughes) great concern about her physical safety and the safety of her two young sons."

The notorious Spokane case is not an isolated instance, according to Dickerson.

"Similar rulings from elsewhere in eastern and western Washington show beyond doubt we need greater clarity and uniformity in the law to protect the rights of women seeking divorce," Dickerson said.

Dickerson’s legislation, House Bill 1171, prohibits courts from using pregnancy as the sole basis for denying or delaying a dissolution of marriage. The bill now goes to Gov. Christine Gregoire for her signature.

Homicide is the leading cause of death for pregnant women, according to a study published by Journal of the American Medical Association in March 2001.

###