Late this afternoon, the Virginia Board of Social Services voted 7-2 to accept new regulations for adoption agencies that do not include formerly proposed non-discrimination protections for homosexuals. This is a victory for religious liberty and means that faith-based adoption agencies can continue serving Virginia's children and families without being forced to violate their faith principles. The previously proposed regulations that included sexual behavior protections were replaced by Commissioner of Social Services Martin Brown after it came to light that adding sexual orientation to protected status would have been in conflict with existing federal and state law, and the Virginia Marriage Amendment. The attorney general's office issued a letter to the board informing it of the conflict and, acting on that advice, as well as public comment, the commissioner made the appropriate changes.
At the board meeting, representatives from The Family Foundation, the Virginia Catholic Conference, Catholic Charities of Arlington, the Virginia Assembly of Independent Baptists, America World Adoption and Bethany Christian Services testified against the original proposal that would have forced faith-based adoption agencies to either ignore their faith principles regarding marriage and sexual behavior or stop serving families and children. Organizations that serve children and families provided particularly compelling testimony. Andrew Brown, of America World Adoption, said that making sexual behavior a protected class would decrease the number of loving families available to adopt wanted, parentless children by forcing faith-based adoption agencies out of business.
However, the vote did not come without debate, beginning this morning with a failed motion to postpone the vote until August and ending late today with arguments by proponents of the sexual orientation language that they had not had enough time to review the new regulations. Representatives of Equality Virginia, the Gay Community Center of Richmond, Mothers and Others, and other groups argued that faith-based organizations should not be allowed to "discriminate" by following their beliefs. But homosexuals in Virginia can adopt — they must go through state or non-faith-based private agencies.
The most vocal proponent of homosexual protections was social services board member Trudy Brisendine, who made the argument that she had not had time to review the new regulations. This despite the fact that the previous proposal had been initiated by outgoing Governor Tim Kaine in December of 2009 and that regulations had been open for public comment since January. She asked, embarrassingly, at one point how a "child placing agency" is defined, requiring the board's legal counsel to point out that the definition was on page two of the proposal. It is certainly concerning that someone who has the power to vote on regulations that oversee “child placing agencies” doesn't know how they are defined or had not read the proposal thoroughly to know the term was defined — and at the beginning of the proposal no less. While her lack of preparation most likely won't make the news, imagine if that question came from a pro-family board member.
We thank the seven board members who voted correctly, the McDonnell administration and the attorney general for their attention to this matter, Commissioner Brown, and our pro-family partners who have worked tirelessly over the past several weeks on this important issue.