Comments closed

Gay advocacy groups are asking the Virginia Board of Social Services to delay implementing regulation changes because they do not prohibit adoption agencies from discriminating against potential gay and lesbian adoptive and foster parents.

The pro-homosexual groups complain of a lack of opportunity for public comment, even though the Board held an open hearing on Feb. 17 and accepted over 1,000 comments from Feb. 16 through April 1, according to the Virginia Regulatory Town Hall. After the comment period closed, on April 20 the Board decided to strike regulations that would have forced faith-based organizations to place children with gay and lesbian couples. During the comment period, the board received 1,026 comments from individuals opposing the nondiscrimination language, including four from child placement agencies around the state. Only 33 individuals supported the language.

Equality Virginia, the American Civil Liberties Union and other groups said at a news conference Tuesday they're seeking a suspension of the rules to allow further public comment. Under the state's Administrative Process Act, the board must reopen comment if at least 25 people make such a request.

"The state Board of Social Services' last-minute decision to strip protections against discrimination based on gender, religion, age, disability, political beliefs, family status and sexual orientation from the rules governing state-licensed agencies was done without any chance for the public to comment on this substantial change," Equality Virginia executive director James Parrish said.

At issue is a revision to regulations proposed in 2009 by former Gov. Tim Kaine. The proposal originally read that licensed adoption or foster care agencies must, "prohibit acts of discrimination based on race, color, gender, national origin, age, religion, political beliefs, sexual orientation, disability, or family status to delay or deny a child's placement; or deny an individual the opportunity to apply to become a foster or adoptive parent."

With a 7-2 vote, the board decided to revise the regulations to conform with federal code, which simply prohibits discrimination based on race, color, or national origin. Virginia allows married couples and single people to adopt or become foster parents, regardless of sexual orientation, but bars unmarried couples from doing so. Thus, gay individuals can still adopt through organizations that choose to allow it. However, Christian organizations can decide not to place children in gay or lesbian homes if they believe doing so violates their religious convictions.

"The issue is religious freedom," said Jeff Caruso, Director of the Virginia Catholic Conference. "Including items such as sexual orientation and family status would have posed conflicts with the mission and the beliefs of organizations such as ours that profess our deeply held commitments and beliefs regarding the institution of marriage, the family unit, and human sexuality. Including these items could have forced some agencies into a choice of whether to follow their own missions or to adhere to the law."

Attorney General Ken Cuccinelli had advised the board that it lacked the authority to force private and faith-based groups to allow gay adoptions.

Equality Virginia lobbyist Claire Guthrie Gastanaga said the groups gathered more than 25 requests from individuals and organizations, and planned to deliver them personally Tuesday to the board. If the board refuses to reopen public comment, the groups say they will challenge that decision in court.

Parrish noted in his letter to board chair Dr. Aradhana Sood that the board gave little public notice about the revisions and discussed the changes in a closed session, depriving the public of the chance to hear or respond to the proposals. However, in addition to accepting almost 1,100 online comments, the board conducted a public hearing on February 17, well ahead of the April 20 decision.

Leaders of several advocacy groups also said that children seeking homes would suffer if qualified and willing people were barred from adopting or becoming foster parents.

"If there are individuals or couples who are fit to provide a safe and loving home, it is not ethical to deny these young people that right based on discrimination," said Beth Panilaitis, executive director of youth-advocacy group ROSMY. "We need to keep in mind that the welfare of the thousands of young people in our child-welfare system should always be our priority."

Others said that the regulations would limit the number of adopted children because faith-based agencies would opt to close.

"The purpose of adoption is to provide the best possible parents for children, not to provide children for adults who desire to parent," Dr. Megan Lindsey of the National Council for Adoption said a March 31 statement to the board. "Adoption policy and practice should be guided only by the best interests of the child, and eliminating faith-based organizations' ability to continue in the great work they do is not in the best interests of the many children whose interests faith-based agencies represent."

The Associated Press contributed to this report.

"Like" us on Facebook today!