Va. House panel backs adoption 'conscience clause'

RICHMOND

Legislation to permit private, faith-based child placement services to reject prospective parents, including homosexuals, whose lifestyle conflicts with their beliefs cleared a House of Delegates committee Tuesday.

The measure, HB 189, from Del. Todd Gilbert would enshrine in state law a “conscience clause” for private agencies freeing them to decline an adoption or foster care arrangement without fear or losing their state license. It also would shield such agencies from legal action by people denied a parenting opportunity.

That legislation that cleared the House Health, Welfare and Institutions Committee Tuesday is an outgrowth of last year’s debate over licensing standards for private placement agencies.

It culminated last month when the state Board of Social Services approved licensing standards lacking expanded discrimination protections to the delight of social conservatives and the dismay of gay rights advocates.

Gilbert, R-Shenandoah County, said his legislation would protect the updated regulations – they take effect May 1 – against future efforts to alter them.

Virginia Beach Republican Sen. Jeff McWaters has offered similar legislation in the Senate. Both legislators say their bills are drawn to preserve religious freedom.

Supporters say their measures would give assurances to private, faith-based agencies that they can continue to place children according to their beliefs.

Without it, said the Virginia Catholic Conference’s Jeff Caruso, church agencies wouldn’t be protected from being forced “to provide adoption, foster care placements with same sex couples,” something that’s at odds with church doctrine.

Current state law allows married couples and individuals, regardless of sexual orientation, to adopt children.

Critics say the legislation amounts to a discrimination license for private agencies which receive public funds for placing children on behalf of the state.

According to the Virginia Department of Social Services, pass-through public funding from various sources is used to facilitate child placements across the state, where local social services divisions function as adoption and foster care conduits, often through contracts with private agencies.

“You can abide by your religious tenets all you want in a private context where you’re not taking taxpayer dollars,” Del. David Englin, D-Alexandria, said during the committee hearing.

Del. Joe Morrissey, D-Henrico County, blasted the proposal as mean-spiritied and un-Christian.

Others said the bill is written so broadly it could protect private agencies that condone corporal punishment of foster children, something Virginia prohibits.

At present, about 4,400 Virginia children are in the foster care system, with roughly 1,300 available for adoptions.