This bill prohibits states from considering a person's pregnancy status when deciding whether to allow them to file for divorce. Currently, some states delay or prevent divorce proceedings for pregnant individuals until after the baby is born, citing the need to establish paternity and parental rights. The legislation argues this practice is harmful because pregnant people face significantly elevated risks of intimate partner violence, with research showing that homicide is the second leading cause of death for pregnant women. The bill particularly emphasizes that women of color experience domestic violence at disproportionately high rates and that being unable to divorce can trap abuse victims in dangerous relationships. Congress asserts it has constitutional authority to regulate this matter through the Interstate Commerce Clause because divorces involve financial assets that often cross state lines, and the federal government invests billions in child support services.
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