Va. Senate approves adoption 'conscience clause' bill

RICHMOND

Private child placement agencies are close to gaining legal protection to reject would-be adoptive and foster care parents, including gays, whose lifestyles conflict with their beliefs.

The Virginia Senate today passed a House version of the so-called conscience clause legislation on a 22-18 vote, the same count by which the chamber previously endorsed an identical bill from Virginia Beach Republican Sen. Jeff McWaters.

Unlike the Senate, the House didn't take up McWaters' adoption bill Tuesday. It was passed by for the day along with some other controversial bills, including legislation to require women to undergo an ultrasound before an abortion.

The measure approved by the Senate, HB189, is headed to Gov. Bob McDonnell, who has indicated he will sign it.

Both the House and Senate versions of the adoption legislation would permit private placement agencies, including faith-based operations, to deny adoption or foster care to prospective parents for religious or moral reasons.

The measures also would prohibit the state from rejecting or revoking an agency's license on those grounds. And they state that denials for religious or moral reasons "shall not form the basis of any claim for damages."

Supporters say those proposals protect the religious freedom of groups licensed by Virginia to place children on behalf of the state.

Family Foundation president Victoria Cobb called the Senate vote "a tremendous victory for religious liberty and an affirmation of the critical role faith-based organizations play in providing hope and security for thousands of children and families in Virginia."

She stressed that it doesn't change state law on who can adopt -- married couples and individuals, regardless of sexual orientation, can do so.

Democratic critics say the adoption bills amount to state-sanctioned discrimination by organizations that receive public dollars. Private agencies had a role in 557 of Virginia's 2,503 adoptions last year.

Instead of codifying discrimination, said Loudoun County Sen. Mark Herring, Virginia should do everything it can to find good homes for children based on their needs, not those of placing agencies.

Such groups "should not deny those children good families based on religious criteria," he added.