Judge won't let pregnant woman divorce

[suffragette]

From today's Seattle Post Intelligencer:
A Spokane woman trying to divorce her estranged husband two years after he was jailed for beating her has been told by a judge she can't get out of the marriage while she's pregnant.

The story goes on to say that the husband is not even the father. The purported father sounds as bad as the husband.

As the woman's attorney notes: "This is a very dangerous precedent to set - particularly in this case, with a woman who is a victim of domestic violence," Sloyer said.

This looks like yet another case that is being brought to limit women's rights by limiting their free choice. The judge in the case is quoted as saying: "It's not the child's fault that mom got pregnant," Bastine said. "The answer is, you don't go around doing that when you're not divorced." So, is he trying to punish her for adultery?

In any case, if this is allowed to stand, it will be another chip away from a woman's right to choose.

Edited to add link.
http://seattlepi.nwsource.com/local/aplocal_story.asp?category=6420&slug=WA%20Divorce%20Denied

[LiberalinNC]

1. Another step backwards!

It's really sad when some SOB of a judge won't allow a woman and her baby to be safe. She could have been raped for all we know - like I said, another step backwards for women's rights!

[tyedyeto]

2. That is so amazing but not necessarily unbelievable....

all it takes is one judge to rule that way and others around the country will be trying to follow suit.

No divorces for anybody. It's not the 'Christian' way. <sarcasm off>

This judge should be impeached!!!

My advice to the woman would be to get to a state that has quickie divorces soon as she can.

[Gman]

3. I'm only surprised if anyone would be surprised by this

We don't live in America anymore. What do people expect? This is the way it is now. We need to get used to it or revolt. The choice is ours.

[KC]

4. Is

there a link to the article? I'd like to send it to a friend.

Thanks
KC

[suffragette]

5. deleted - dupe

[1monster]

6. Time to move to Reno... if the divorce laws are still the same there.

Six weeks and she'll be free.

[suffragette]

7. This is the case that has made the news, but

apparently she is not alone in having this situation.

From an alternate paper with an in-depth look at the case:
"A DIFFICULT PREGNANCY" by A. J. Glusman
http://www.thestranger.com/current/feature.html

Although the postponement of divorces for pregnant women has been happening all over the state for years--and Seattle-based Northwest Women's Law Center says the numbers have increased recently--it had never been challenged in court until now.

Moving might change the situation for her, but not for others. This is about civil rights for women.

[tyedyeto]

9. It definitely needs to be challenged

but if I wanted my baby to be born into a family who's mother and father are married at the time of birth, I wouldn't wait for the courts but go somewhere to find a quicker and simpler solution. Myself I would fight the ruling to the very end, even if was years later at the Supreme Court level.

Women's rights are going to be going down the toilet so fast now that the conservatives think they are supreme with their 'moral values' win in November.

[Contrary1]

8. Here's some more info:

Property Rights in Washington State

"... Deputy Spokane County prosecutor Mary Valentine was appointed to look after the state's interests in the case. Apparently concerned that the state might end up having to pay for the pregnancy, she ran tattling to Judge Bastine, who promptly intervened and canceled the divorce, effectively returning ownership of the abused woman (and her unborn child) to her abuser. According the this Judge, she cannot have her divorce until after the child is born, at which time he has the right to fight her for custody of the child.

Yeah, better that than take the chance she'll end up on welfare and cost the state a dollar or two.

Meanwhile, the judge is retiring next week and any repercussions will no longer be his problem. This has the potential to be a huge case, and I urge everyone to speak out on this woman's behalf. I'm working on finding other avenues of protest, but you can start with these:

Paul A. Bastine, Judge
Superior Court
1116 W Broadway Ave
Spokane, WA 99260-0350
Phone: [phone]
Email: [e-mail]

Steven J. Tucker
Spokane County Prosecuting Attorney
Spokane County Attorney's Office
Public Safety Building, 1st floor
1100 West Mallon
Spokane, WA 99260
Phone: [phone]

The county, claiming that it fears spam, refuses to give out any other email addresses, referring all comment to an online form. Please, folks, if this seems wrong to you, call, write, fax, email ... but make yourself heard. I'll keep you posted on any new developments.

Expressions of support can be sent to:

Terri Sloyer (the woman's attorney)
Center For Justice
Community Building, Suite 300
35 W. Main Street Spokane, Washington 99201"

http://www.sff.net/people/kanago/

[tyedyeto]

10. But she wasn't pregnant when papers were filed.......

<snip>
Hughes' husband, Carlos, was convicted in 2002 of beating her. She separated from him after the attack and filed for divorce last April. She later became pregnant by another man and is due in March.

Her husband never contested the divorce, and Court Commissioner Pro Tem Julia Pelc approved it in late October.

However, the approved divorce papers didn't note that Hughes was pregnant. Sloyer filed amended papers to correct the omission, and the next day, she spoke with Bastine by phone. Bastine said he planned to rescind the divorce and then did so following a Nov. 4 hearing.

<snip>
http://seattlepi.nwsource.com/local/aplocal_story.asp?category=6420&slug=WA%20Divorce%20Denied


Says 'filed for divorce last April' and even I can do the math.

[atommom]

11. That's horrible. Perhaps the judge feels that now that he's about

to retire, he can make rulings like this without worrying about the consequences. It certainly sounds as if he's trying to punish her, not uphold the law.

But no woman should be denied a divorce from a batterer, especially if she's pregnant. Violence doesn't stop just because a woman's pregnant.... it often gets worse. :mad: With any luck, this ruling won't stand.

[SemperEadem]

12. sounds more like he's angling for a book deal on his memoires

and what better way to end your career than on some high publicity case that'll put your name, if not in the law books, in the papers.

He's abusing her civil rights for his own selfish gain.

[antigone382]

13. There's another thread on this in the Women's Rights forum.

Posted by Cerridwen, it has some other information and analysis, and some might want to participate in it as well. Here's the link.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=229&topic_id=248&mesg_id=285