Bills would enshrine adoption 'conscience clause'

RICHMOND

A skirmish over the ability of gays to adopt or provide foster care to children looms in the General Assembly this winter.

On one side are faith-based child placement agencies seeking legal protection for a policy that effectively permits them to use their beliefs in prospective parent evaluations, meaning a candidate could be disqualified because of sexual orientation, among other factors.

On the other side are gay-rights activists, who say the state shouldn’t sanction discrimination by private agencies that act on the state’s behalf when placing children.

The battle is a continuation of last year’s row over licensing standards for private placement agencies, when an expanded list of discrimination protections was removed from state regulations approved in December.

It has inspired several proposals pending in the legislature.

Two bills up for consideration in the coming days would enshrine in law a “conscience clause” for faith-based agencies, freeing them to deny a child placement if it conflicts with their religious tenets.

The measures have the backing of the Family Foundation and the Virginia Catholic Conference, whose director, Jeff Caruso, says “faith-based agencies should have the right to practice what they profess.”

A separate measure, favored by the gay-rights group Equality Virginia, would bar the state from contracting with private agencies if they use certain factors to discriminate against would-be parents.

That legislation comes from Sen. Adam Ebbin, an Alexandria Democrat who wants to restrict public funds from going to private agencies that discriminate in the placement process.

Ebbin argues that, since adoptions facilitated by private agencies are court-certified, they are a public function, so “the state should not be providing a license to discriminate.”

A Quinnipiac University poll last June found a majority of Virginians support allowing same-sex couples to adopt by a 51-43 percent margin. Only married couples and individuals, regardless of their sexuality, are eligible to adopt under current state law.

By a 59-35 percent margin, respondents also said state-run agencies shouldn’t ban prospective parents based on sexual orientation but felt church agencies should be able to by a 48-45 percent margin.

A fresh snapshot of public views on the topic are found in new Mason-Dixon poll numbers the Family Foundation is expected to release today.

In Hampton Roads, the poll found 56 percent of respondents oppose forcing faith-based agencies to place children with gay parents if it’s at odds with their doctrine, according to an excerpt provided by a foundation official.

One of the bills that would let faith-based agencies operate according to their beliefs has been filed by Virginia Beach Republican Sen. Jeff McWaters, who views the debate as a matter of religious freedom rather than discrimination.

Representatives of some private placement agencies have argued that adding new protected categories would not only force them to slight their beliefs, but could also result in some ending their programs.

“These religious organizations have been in business for a long time … and we want them to stay in business,” said McWaters, noting that hopeful parents can also attempt to adopt through public agencies.

The state Board of Social Services last year struck language from adoption licensing regulations that would have prohibited discrimination due to sexual orientation, religion, age, gender, disability, political beliefs or family status.

Discrimination based on race or national origin is already banned, a standard that state officials say is consistent with federal law. The updated regulations take effect May 1.

Putting conscience protections into law also safeguards those standards from future revisions unwelcome by faith groups, added Del. Todd Gilbert, a Shenandoah County Republican who has filed a bill backed by faith-based groups in the House.

In addition, the bills would protect agencies from losing their licenses for rejecting a would-be parent on religious grounds, and shield them from potential civil liability.

About 1,300 Virginia children are awaiting adoption, according to the state Department of Social Services.