The Washington state Court of Appeals on Tuesday ruled that Superior Court Judge Paul Bastine of Spokane County, Wash., was right to rescind the divorce of Spokane resident Shawnna Hughes because she misled those involved in the legal proceedings, not because she was pregnant at the time, the... Spokane Spokesman-Review reports. According to the appeals court, Bastine -- who is now retired -- in his November 2004 ruling was upholding the due-process rights of Hughes' husband, not violating Hughes' constitutional right to divorce. In court papers served to her husband and court officials, Hughes did not disclose her pregnancy. As a result, it was unfair to Hughes' husband or to taxpayers for Hughes to change her statement without proper notice to say she was pregnant by another man, Bastine ruled. The case prompted the Washington Legislature earlier this year to pass a measure (HB 1171) prohibiting judges from automatically denying a woman's request for divorce because she is pregnant (Craig, Spokane Spokesman-Review, 8/3). The legislation, which was signed by Gov. Christine Gregoire (D)in April, aims to create uniformity by adding to state law a line saying, "In considering a petition for dissolution of marriage, a court shall not use a party's pregnancy as the sole basis for denying or delaying the entry of a decree of dissolution of marriage" (Kaiser Daily Reproductive Health Report, 4/18).

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