Judge won't let woman divorce while she's pregnant (WA State)

[Zgrrl]

Judge won’t let woman divorce while she’s pregnant

The Associated Press

SPOKANE — 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 case pits a first-year attorney who argues that state law allows any couple to divorce if neither spouse chal-lenges it against a longtime family law judge who asserts that the rights of the unborn child in this type of case trump a woman’s right to divorce.

*** snip ***

In comments submitted to Bastine, Hughes said: “If this court vacates my divorce and requires me to stay married to a man I have no desire ever to have a relationship with and who has brought significant physical harm to me over the years, I would be emotionally devastated. If the court vacates my divorce and stays it until the birth of my child, it will prevent me from marrying the father of my child prior to her birth.”

*** snip ***

http://www.theolympian.com/home/news/newsupdate/story.shtml

[nothingshocksmeanymore]

1. That judge needs to die a hundred deaths by battery

[pinerow]

4. Another Flat-Earther....

nt

[janx]

5. Yep, this stuff just keeps on coming.

And it's going to get worse--we have four years to go.

[Eloriel]

32. This really says it all

This one comment:

a longtime family law judge who asserts that the rights of the unborn child in this type of case trump a woman’s right to divorce.

This clearly demonstrates that for this judge (and to far too many people in the U.S.), an adult woman's "rights" are totally inferior to something that isn't even quite fully human yet. This woman, in terms of her rights, is actually in a worse position than even a child -- she is in a worse position than an UNBORN child.

This is grotesque beyond words to me. It's a good thing I'm sitting behind a desk and computer monitor with no one who annoys me in my physical proximity because about 1 cross word would make me lunge for the jugular and simply NOT. LET. GO.

[0rganism]

63. Roe v. Wade could certainly be used to upend this, but...

...that would mean risking further judicial review of Roe up the court chain. Would wingnut judges be comfortable voiding the right to divorce along with the right to abort pregnancy? Hmmm...

[KT2000]

2. this is insane

never thought WA could be like this.

[ribrepin]

46. Oh Washington state has lots of right-wing fundies

If it wasn't for the Seattle Area, the state would be bright glowing RED.

[jdj]

53. and someone explain how this is good for the child???

[aikido15]

67. Whoa...

this world is really getting weird...

[Wabbajack]

3. What exactly is the reason given to deny her?

if the guys been in jail for 2 years I assume he ain't the father. :wtf:

[htuttle]

8. I didn't notice that part

The judge is a worse idiot than I thought.

[rocktivity]

12. In Washington State "a husband is PRESUMED to be the father

of any child born up to 300 days after a divorce."

But there is nothing TO presume here--there is NO QUESTION that the husband is not the father! Let them get a divorce, and put the fatherly responsiblity where it belongs--on the boyfriend. I daresay that he's ALREADY a more "legitimate" father than the husband could ever hope to be!

:headbang:
rocknation

[shanti]

47. his presumption can be rebutted

by a dna test, which i assume she will be demanding. this is the same as in california.

[rocktivity]

58. But what is there to rebut?

If the husband has been incarcerated since 2002, the wife filed for divorce in April 2003, concieved no earlier than May 2004, and has had no contact with the husband, what is there to rebut, epecially since the husband didn't contest the divorce? There is no American law that says you have a right to be born in wedlock--it may be considered a sin, but it is NOT a crime.

This judge is being one of those "activist judges" Bush complained about, and he's throwing away the lawbook just as surely as the judge who put up the ten commandments in his courtroom.

:headbang:
rocknation

[sherilocks]

66. Rebuttabal Presumption is a legal term

A child born during a marriage is presumed to be the child of the husband, even if he's in jail. If he doesn't rebut the presumption, he's the dad, even if he's not.

[spotbird]

13. Likely there is a state law giving him the authority.

It would be better to have a law not allowing pregnant women to marry.

[Raiden]

14. Surely you don't want those women to get too uppity

The breeders gotta know their place, don't ya know... We may have to bring out the burkas and shock-collars soon. The Tali-bornagains strike again!















btw, this judge needs the shit knocked out of him. What a dumbass!

[htuttle]

6. Would the judge try to prevent her from getting an abortion?

What an idiot.

[elehhhhna]

33. He can't prevent it.

[Karenina]

39. If she has any sense

she'll do a FULL STOP.

A live birth ties her FOR LIFE to a LUNATIC in a *ownership society.

Meine ficken Fresse. :think:

[termo]

90. just move abroad for a while

she can give birth in another contry where she can fill the legal birth papers with the real father. easy.

[d_b]

7. W..T..F

[Erika]

9. Eastern Washington is republican redneck country

Look at one of their forums www.spokaneforums.com.

[catzies]

19. I think they have a Catholic parish filing for bankruptcy ( molestations)

When I saw the link and before I clicked, I said to myself, "Watch it be in Spokane!" sur eenough.

[Diane R]

61. I live in Spokane

Our problem is the republican family who owns much of the city and has controlled 80% our our media for well over a century, including our only newspaper. There is no freedom of the press in Spokane, no real freedom of speech (you do not oppose The Family), and information is decidedly right wing. I think if we had balanced news reporting our area would be just as blue as Puget Sound.

[catzies]

78. Welcome to DU, and thanks for the info!

My hero lives there. He's a former NBA player named John Stockton. Tell me, have you heard anything about his political leanings? I'd love to know. My gut tells me he's a Democrat, but I can't be sure.

[Ariana Celeste]

21. for real man....

most people, at least people who have never been there, dont realize it, but eastern washington and western washington might as well be completely different states- maybe not legally, but in every other way- definitely

[Zhade]

10. This "rights of the child" stuff is getting INSANE.

I mean, yes, reasonable limits on abortion, no fan of the idea, but COME ON already. This is fucking NUTS!

Hey judge, here's a clue: if the guy got out of prison, he might use his "rights of the father" to beat the mom to DEATH. How very pro-life of you, ya fucking moron.

[Lorien]

17. And beat the kid, too

a guy like that probably can't handle being in a room with a crying infant.

I'm sick of being thought by our courts as nothing more than a vessel for white male infants! The American Taliban IS really taking over!

[proudbluestater]

11. Unbelievable! I think the JUDGE should be locked up himself.

Make a woman stay with her batterer? Well, this puts the woman back in the class of mere "chattel." Her husband owns her, can do with her what he pleases.

I hope the judge gets his just deserts somewhere down the line. Karma's a bitch.

[NYC]

43. Chattel = not human.

Human rights do not apply to chattel. Women had better start banding together and fighting every one of these "pro-chattel, anti-human" decisions.

This is not the future. This is now. The judge has made this decision. I think women are in far more danger than they realize.

[LynnTheDem]

15. All women who voted bush; you'll never have to think for yourself again

You'll be ordered what to do and not do from feotus to death by every male in America; hubby, brother, cops, lawyers, & judges, priests, employers, and the entire US government.

Enjoy.

[Erika]

16. Bush/Taliban Theocracy

is here.

[Conservativesux]

55. Row vs. Wade: R.I.P............<nm>

[sandnsea]

18. Oh man

Speechless. A woman can't get a divorce now? :wow:

[supernova]

20. Oooohhhhh! Lemme at 'im!! Lemme at him!!!

I guarantee after a few rounds with me, that judge will definitely grant the divorce. This is OUT FUCKING RAGIOUS!!!


:spank: :spank: :spank:

[Solly Mack]

22. Gee, let's just make her stay in an abusive relationship for

the good of the fetus.
...and once a baby is born, he can beat the child too! ONE BIG HAPPY FAMILY!

What a fucking moron

[MrPrax]

23. Wow...

go on vacation for a few days and things get even grimmer in Jesusistan, Inc...

This is fodder for the Laci addicts who need a maintaintence dose...

[karlrschneider]

24. Family values = forced bastardy by judicial activism...

:eyes:

[two gun sid]

25. Don't ya just hate

a judge who legislates from the bench? Those damn activist, liberal judges.

[WillyT]

26. A Preview Of Things To Come, I Guess...

Just wait til Jerry Falwell starts graduating future judges from the law school he's building at Liberty College!!!

:nuke::scared::nuke:

[fugue]

27. I'm not for unborn trumping mother's, but . . .

In this case, is it not in the child's interest for her mother to be married to her father and not some other guy who has been in prison two years and to whom she has no reason to establish a relationship?

As someone else said, there's nothing to presume here. If the two of them haven't had a conjugal visit since before the kid could possibly be conceived, he ain't the father. Also, what about genetic testing? We've gotten to the point with genetic screening that it should be relatively simple (although, granted, expensive) to prove that the boyfriend is the biological father.

Maybe her lawyer should be starting up a genetic testing fund?

[shanti]

49. yes

simply by his being in prison for longer than the pregnancy, a judge could rebut his presumption. IT'S ALL UP TO THE JUDGE!

[Mz Pip]

28. What rights are being violated here?

THe husband is in jail. He isn't even the father of the baby.

How is forcing the mom to stay married to the abusive jail bird in the best interests of the child who is no relation to said jail bird?

This judge is a nut case.

I think this child has the right to a loving father, but I'm not some fundie crackpot either.

Mz Pip
:dem:

[Zgrrl]

29. Check out this quote from the article...

The wacko judge (Bastine) says:

“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.”

How many fucking men (pun intended) "go around doing that" when they're not divorced? Cheating on their wives who AREN'T in jail and who HAVEN'T beaten them? How many Republicans are cheating on their wives at this very moment? The hypocrisy of this floors me!!!

[proudbluestater]

30. It would appear the judge believes in virgin births

The knuckle-dragger should be forced to resign immediately.

[Eloriel]

35. And that quote reveals the

punitive nature of his decision: SHE had sex, SHE got pregnant, we'll just make her suffer and pay.

[Z_I_Peevey]

38. You are exactly right.

He's stoning the adultress.

[Garbo 2004]

89. But adultery is grounds for divorce so give her the effing divorce so the

child can be raised in holy matrimony with its rightful father who apparently isn't a violent offender serving time in prison.

How does anything the judge said make any friggen sense?? Is he one of those guys who pees on the bench or is nekkid under jis robe? Good grief.

[NashVegas]

84. Messed Up Logic

It's not even a matter of "she must pay." It's a matter of the child must pay - even though he's saying it's for the kid's good.

Anyone with that arcane a value system as this judge apparently has, would also view the child as a bastard. This judge is forcing the kid to be born as a bastard.

[Erika]

51. In a Bush/Taliban government...

men rule women. The men's actions are never questioned, only the female is held accountable.

[Zhade]

54. Happened with my parents.

My brother was conceived after my mom left my father. I'd punch this fucker in the face if he cast aspersions on my mom for being with the man she loved instead of the man who cheated on her.

I hope every Dem who even allowed the idea of reconsidering the party's pro-choice stance to float through their brain understands that this situation is exactly why choice MUST be protected. Women MUST have the right to control their own bodies, or else bullshit like this will keep happening and get even worse.

[LiberalFighter]

31. Judge's reasoning is flawed

“There’s a lot of case law that says it is important in this state that children not be illegitamized,” Spokane County Superior Court Judge Paul Bastine told The Spokesman-Review newspaper.

First, of all, case law is to the point that children born out of wedlock are not considered illegitimate. Or at least the stigmatism is not as great.

Second, how does the child become a illegitimate if the mother gets the divorce and then remarries before the child is born? If there is a waiting period or the waiting period is too long the woman will be unable to marry before the birth. And the judge will be contravening what he "considers" important for the state of Washington.

On a side note... the woman does not appear to have good judgement in men. Did you all notice that the boyfriend also lacks good character?

[elehhhhna]

34. Is he also denying divorces to men w/ pregnant wives? Doubt it.

[Erika]

40. Uh, So the Judge knows her husband is not the father

But he won't allow her to divorce the husband for the child's sake?

Only a freeper/Bushie could understand this logic.

[peacebird]

73. so after the baby is born, and she divorces she can sue for CHILD SUPPORT

right? by this judges logic that is acceptable! i say - live with boyfriend (the father of the baby), divorce wifebeating husband once child is born and sue for 18 years of child support payments!

:toast:

there's more than one way to skin a cat!

(not to be taken literally, just an expression...)

[janx]

50. How far back in time does this loon want to take us?

All children are legitimate!

I had hoped that term would go away; apparently, it's still in the mentality of some.

[Mike Nelson]

36. Judge probably voted for Herr Bush

Yuck

[Vektor]

37. Wow...

I can't say I'd be sad if that judge stepped in front of a bus.

[VegasWolf]

41. I wonder if the judge will even let her wear shoes while pregnant?

[genieroze]

42. Try to find thid jerks e-mail

Though I think he's living in the wrong freakin century for one.

Phone number?
http://www.whitepages.com/

[depakid]

44. It's a shame to have to spend the time and money to appeal this

for a lot of reasons, not the least of which is that it's causing unnecessary trauma to the petitioner and her family.

[roguevalley]

45. if I lived next door to that judge, I would be doing terrible things to

his house right now.

[reprobate]

48. Don't worry about this. It won't last too long. Big trouble coming.

Don't want to be too much of an optimist, but look at the future we face. First, the economy is going to hell, mostly because of Lil Boots' economic policies and his personal war. We as a nation are so far in debt that recovery is now no longer possible. The dollar is sinking so fast that even floatation pontoons won't help. Jobs are jet propelled out of the country.

All of this, plus peak oil and global climate change. The perfect storm. All will add up to a nation populated by a lot of very angry people. I believe that they will start to blame the repugs and especially the religious right, to the point of violence. I'm talking revolution.

The revolution may be quiet, or it may be load-as in gunfire. But the one thing I believe it already is: Inevitable.

A lot will change once it begins, plitically, economically, and religiously. So buck up. Things aren't *nearly* as bad as they will get.

[Conservativesux]

56. Time to stock up on food, water and weapons for ...

...the day these NRA creeps try to take over the nation.

[Mabel Dodge]

52. People only tolerate so much

Having lived through the 60's and 70's, I know those times were a reaction to the hypocrisy and narrow mindedness of the 50's.

What's going on now makes the 50’s look like a walk in the park. If this conservative bullshit continues to build momentum, the lid will blow and there will be a revolution.

Not exactly my desire as revolution isn't easy, especially for old farts like me. But it seems these conservative idiots just keep pushing for a fight.

[VegasWolf]

57. Mabel, from another old fart, I completely agree. I have

always suspected that there is a natural pendulum to these
things. But the new fundies may break the pendulum once and for all time. BTW, I really not an old fart, people think I'm pretty damn
good looking!

[Mabel Dodge]

82. Have you ever noticed that liberal boomers have remained "juicey" while

the conservative ones turned into trolls. Somewhere in all of this, there is a lesson young ones....

[NuttyFluffers]

59. y'know, i said about robbing the blind was a new low...

but forcing a pregnant woman to stay married to her abusive husband, risking her life and the life of the fetus, over the fetus' right to... what?... get abused? yes, this would be the new low. gee, it only took 2 minutes, that's a new record in america.

robbing the blind in missouri and now mandating the physical abuse of a pregnant woman... i AM impressed.

so where's the gaping maw to the Abyss already? :grr:

[Daybreaker]

60. Are you sure that's real?

It seems so bizarre that I suspect it's a spoof of some kind.

[ebayfool]

64. Check link, real deal - things are getting more bizarre ...

every day. I suspect it's going to get worse, much worse, before it gets better. It's like sliding backwards in time!

[FDRrocks]

62. There is no constitutional or rational basis for this at all...

How are an unborn fetuses rights affected by this in any way?

[NotNInch]

65. This unborn fetus doesn't have rights cuz

it's a girl

[harpboy_ak]

68. her lawyer was inept

"The case pits a first-year attorney who argues that state law allows any couple to divorce if neither spouse challenges it against a longtime family law judge who asserts that the rights of the unborn child in this type of case trump a woman’s right to divorce."

The attorney in question is apparently too inexperienced to have known that this judge was one he *didn't* want. He should have asked for a different judge, as was his client's right. Doing so sometimes means that you have low priority for scheduling your trial or hearing, but in most jurisdictions each party to the case has the right to ask at least once for a different judge. Smart lawyers either know which judges they don't want for particular cases, or ask other attornies about how they handle different types of cases.

[Speed8098]

69. Deleted

Your link leads to a story that has been deleted.

[no_hypocrisy]

70. So if the plaintiff gets an abortion or has a miscarriage, THEN

she can get a divorce with this judge, right?

This is Mad Hatter logic.

[AzDar]

71. Another woman reduced to the status of " Human Incubator".....

wherein her medical condition takes precedence over her rights. How much do y'all wanna bet this misogynistic assclown of a judge would have had no objections at all if it were the jailbird respondant who was asking for a divorce?? Nauseating.

[lfairban]

72. Link

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

[jukes]

74. until we're lynching-mad

and the public takes the risk to DEMAND justice, we're going to remain helpless before the theocracy.

after the gala, things will become much, much worse.

[kskiska]

75. She'd better move out of state

I couldn't get the page to load and don't know how far along she is, but Nevada will allow her to divorce after 6 weeks residency.

[screembloodymurder]

76. Sorry

but she's not allowed to move w/o the judges consent.

[arwalden]

77. Is This Faith-Based Idiocy? What Is WRONG With People?

[spanone]

79. Welcome to the world of bush* Naziworld.

[rodeodance]

80. I wonder when the breaking point will come--when ppl have had enough?

[Triana]

81. yea, let's protect all those fetuses but to Hell with...

...the women/people who are already HERE. Common sense would dictate that by protecting the woman, you protect the baby.

DOH!

Oh. I forgot. Fundies don't HAVE ANY COMMON SENSE. All they have is their dogma.

[progressivebydesign]

83. Not to defend the judge but.. I read something that sheds some light..

Perhaps there is more to what the judge is trying to do. Did you read WHO the father of the baby is? Who she wants to marry to raise the child??? He was convicted of shooting an elderly man during a gang shooting. Lovely. Perhaps the little baby can be sent out to be adopted at birth.. only chance she's going to have at a healthy life. Judge seems like he's trying to keep her with the man that beats her, rather than a convicted gang member who shot and blinded an eldery man. Lovely choice.. but it's her to choice to make in most of America, I suppose.

From KOMO news: <<Hughes has stated in court records that the father is her boyfriend, Chauncey Jacques, who pleaded guilty to a gang-related shooting in 1998 that blinded an elderly man>>

[KDLarsen]

85. I wonder..

.. when someone is going to tell *, that all the 'activist judges', he was ranting & raving about during the (s)election, is usually on his side.

[Erika]

86. There's a new forum in Spokane which Might be Interested

in your input. It's www.Spokanetalk.net.

I know there are DU'ers from Spokane so they might contribute.

[symbolman]

87. I was divorced in Spokane

and was denied a divorce until my 2nd child was born, at which time I asked for and recieved a blood test to establish is I was the father or not.

I was able to represent myself "pro se" in Spokane courts for a few times and they loved me - I won every single time, so much so that my ex moved to Alabama so find friendlier judges, and she did - one of them jailed me for 20 days about three months ago for my "tone of voice" in an illegally recorded phone call to my 15 year old son..

The Southern Judge even admitted that she had NO EVIDENCE (since it was illegally gotten) but JAILED me for my "tone of voice" and for talking to my 15 year old son about court. (I wasn't swaying him or anything, just explaining that he had to tell the truth to Judges, etc)

Believe me, this is NOTHING compared to what other insane Judges do - I'm the poster boy for having an insane ex who gets whatever she wants in court from a Right Wing Man Hating Fake Christian Judge.

I found most Judges in Spokane to be fair, some were even more like game show hosts, but were fair to me.

THis is actually common practice, I could write a book about the abuses in Family Court. FOr one thing they RULE FROM THE BENCH.. You have NO Civil Rights in Family Court, and people lie all they want - I even showed PROOF that my ex was double billing both ME and the Insurance company and the Southern Judge didn't give a sh*t..

But now I have a new loving wife (sane) and a brand new son just born on the 27th of Dec - so I'm happy as a clam - knock on wood :)

[mtnester]

88. AGAIN, I urge every woman to read or re-read A Handmainds Tale

As a female, I am seeing more and more of this type of stuff and it scares the HELL out of me.

Does anyone blame me for keeping a "tidy sum" hidden away just in case?