Lawsuit Threatened In Adoption Regulations BattleAug 17, 2011
Today, the Virginia Board of Social Services is scheduled to consider a request by several homosexual activist groups to reopen its decision to protect the rights of private, faith-based adoption agencies. In April, the VBSS approved new regulations for adoption agencies that did not include a proposal that would have forced private, faith-based adoption agencies to adopt children into homes with co-habitating, unmarried couples. Unfortunately, homosexual activist groups are not satisfied with the nearly two-year regulatory process and 30-day public comment period already undertaken and are petitioning the VBSS for an additional 30 days of public comment, thus requiring a second, unnecessary vote. Oddly, groups like Equality Virginia and the ACLU that today are advocating for more public comment were silent for nearly two years as the regulations, stealthily proposed by former Governor Tim Kaine, went through the process. After losing the vote (7-2) in April, they suddenly are very interested in more time and another vote. Now they are threatening a costly, frivolous lawsuit if they don't get their way. It's also odd that they talk a lot about freedom, but they have no forcing private institutions into policies that run counter to their believes. Apparently, religious liberty isn't a freedom they choose to protect.
During the earlier comment period, only an approximate 30 of the 1,000-plus public comments were favorable toward adding restrictions on faith-based charities (see Washington Times). In 2002, the last year for which data is available, nearly 80 percent of adoptions in Virginia were facilitated by private organizations, nearly half of which are faith-based. Adding the restrictions advocated by Equality Virginia and the ACLU would seriously threaten the well-being of thousands of children awaiting adoption. Similar actions have forced charities to close their doors to children and families in other states.
Sadly, it appears that these organizations are more interested in advancing their political agenda than helping vulnerable children. Punishing the organizations that handle 80 percent of the adoptions in Virginia to advance a political agenda is punitive and harsh. The Board of Social Services, as well as the overwhelming majority of those in the public who commented, saw that and rejected the proposed regulation.
The Family Foundation will monitor the meeting today and comment if necessary. Regardless of the VBSS' decision on opening the public comment period again to avoid an unnecessary lawsuit, we don't anticipate a change in the final vote. The majority of Virginians have spoken in the previous public comment period, Governor Bob McDonnell has committed to protecting faith-based agencies (Richmond Times-Dispatch), and Attorney General Ken Cuccinelli (Washington Post) has made it clear that the proposed restrictions are unnecessary. Equality Virginia and the ACLU may get their press conference and media exposure, but we will fight for the children and families as well as religious liberty.