Virginia Gay Adoptions: Board Of Social Services Reconsiders Anti-Discrimination Measure

WASHINGTON -- Nearly 20,000 same-sex Virginia households would still be prohibited from adopting or fostering children under commonwealth law, even if regulations barring child-placement agencies from discriminating on the basis of sexual orientation or family status were to be adopted.

The Virginia Board of Social Services will be briefed this week on public comments submitted in response to the proposed regulatory change.

The board first considered the changes last April, as part of a package of adoption-reform regulations, some of which passed. The parts of the regulation prohibiting discrimination on the basis of sexual orientation or family status died when social services board members voted 7-2 to reject the change.

The board faced pressure from religious groups and Virginia officials. Attorney General Ken Cuccinelli told the board it lacked the legal authority to enact the regulations, and Gov. Bob McDonnell also came out against the regulations, saying faith-based adoption groups should not have to place children with households led by same-sex couples.

When advocates asked for a reconsideration, the board re-opened the public comment period on the proposed changes on Sept. 12. That call for comment ended a week ago. More than 2,500 comments were submitted during that month. While many urged the board to "Preserve Religious freedom" by allowing agencies to consider sexual orientation in making adoption and foster care placements, others asked the board to adopt the anti-discriminatory measures.

Religious groups like the Family Policy Network have again come out warning that the regulations would "force homosexual adoption on all state agencies." The American Civil Liberties Union of Virginia again joined with Equality Virginia and some two dozen other groups in asking the board to end gay and lesbian discrimination with the proposed regulations.

But, if adopted, the new regulations still would not allow same-sex households -- married or otherwise -- to adopt.

Under Virginia law, a child may be adopted or fostered to a married heterosexual couple, or to a single person. Virginia law explicitly prohibits same-sex marriage, and does not consider gay couples married in other states or engaged in civil unions to be married for purposes of adoption law.

Any person who co-habitates with a partner -- of the same sex or of another sex -- may not adopt under Virginia law. Same-sex households are thus now automatically disqualified from adopting under Virginia law. And that disqualification would not change, even if the proposed regulations were to go into effect.

There are no per se restrictions on gay individuals adopting or fostering children in Virginia. Child-placement agencies are under current law allowed to reject gay single individuals' applications to adopt or provide foster care. The proposed regulations would prohibit that type of discrimination.

Eileen Guertler, director of public affairs and citizen services for Virginia's Department of Social Services, told The Huffington Post in an interview that there are some adoptions to gay individuals every year in Virginia, though she could not provide any figures.

Guertler said that the board will review a summary of the public comments at its October meeting, but will not vote on the regulations at that meeting. The board may vote on the regulations in December, but they are not obligated to do so.

"It is up to the Board to place this item on their future agenda and take action on the comments once received," Guertler said in an email.

The board's October meeting, set for Wednesday and Thursday, is open to the public, and will be held at Virginia Department of Social Services Western Regional Office in Washington County (190 Patton St., Abingdon).

Should Gay Couples Have The Right To Adopt Children in Virginia?: MyFoxDC.com

Comments

[bluntobject]

12:09 PM on 10/19/2011

Poor Virginia; Bigoted to her rotten core.

[lambdin1]

11:17 AM on 10/19/2011

Ah religion. "My religion is more hateful than yours!" See!

[RCnDC]

10:55 AM on 10/19/2011

just disgraceful..... so lets keep placing them in crack houses so the adoptive or fosters can apply for Fed and State benefits to feed their drug habits.. let's continue to allow single people who are on the sex offenders lists to adopt because they are single...

[KurtMichaelFriese]

10:46 AM on 10/19/2011

Homsexuality is not a choice. Hatred and bigotry - now THAT's a choice.

[bluntobject]

12:10 PM on 10/19/2011

They will hate you for saying that...lol

[KurtMichaelFriese]

01:31 PM on 10/19/2011

O they already do, but that's their choice.

[Author Raymoni Love]

08:57 AM on 10/19/2011

All of this debate is in the book___SWITCHING SIDES: Is There A Difference Between Gay Love and Heterosexual Love? by Author Raymond Sturgis

[rextrek]

08:27 AM on 10/19/2011

avoid Va. like the plague of hate and bigotry state it is

[gator52]

03:43 PM on 10/19/2011

Avoid America while you are at it

[Bob Kellerman]

03:08 AM on 10/19/2011

HELLO 1940

IS EVERYONE IN VIRGINIA WEARING SHOULDER PADS
AND BEING INTO ISOLATION TO AVOID THAT EUROPEAN WAR?

[Ed Vermeulen]

03:02 AM on 10/19/2011

I'm glad they stood against it... you have to stand for something, or you'll fall for anything,. Adoption by gays should never be allowed in any state.

[rockysparks]

05:26 AM on 10/19/2011

Too late --- I'm a gay father of seven adult children (biological, adopted and fostered; I forget which are which these days). They're all grown up and as of this writing, have presented me with seven grajndchildren. My kids are all taxpayers, some go to church and some do not. Two are military veterans. One is a truck driver. One is studying for a degree in mass communication, another for a degree in social work (she wants to help at risk children). One is a country musician with one song on the Billboard charts. One works for a large international banking company. One worked in the hotel hospitality industry.

I can count most of them to remember either my birthday or Father's Day --- a couple of them actually remember both. And they all call me or e-mail regularly.

I agree with you that you have to stand for something or you'll fall for anything. I taught my kids to be accepting of each other, loyal to your family and to not fall for any kind of hate speech, such as what you, Ed, just espoused in your post.

Have a nice day, Ed. And try not to track your anti-gay manure on my porch or that of any other gay or gay supportive person.

[Ed Vermeulen]

01:41 PM on 10/19/2011

There is a vast difference betweeen an opinion and hate. You shared your's and I shared mine..period.

[RCnDC]

10:57 AM on 10/19/2011

keep smok'n that cr ack pipe with your kid...

[donp700]

02:35 AM on 10/19/2011

All I'm going to say is this: yes- a child living in a gay home will most likely grow up confused. He'll be bullied for his parents, and he may find it normal, not knowing whether to be homo or heterosexual. These are all consequences we need to consider.

[Bob Kellerman]

03:09 AM on 10/19/2011

STOOOOOOOOOOOOOO PID

BASED ON BIASED PROJECTION]

NOT ON EMPIRICAL RESULTS

[RCnDC]

10:59 AM on 10/19/2011

Disgusting that there are still people like you out there who are raising bigoted kids... You're really not too smart obviously..

[GotchaHun]

01:27 AM on 10/19/2011

I think I am more concerned with clergymen being around children than homosexuals.

[KurtMichaelFriese]

10:44 AM on 10/19/2011

What a nonsensical, unsupportable, biased statement. You have no empirical evidence to support such a claim. Unless of course you realize that it is perfectly normal...

[RCnDC]

11:02 AM on 10/19/2011

but kids growing up in crack houses, neglected and around abusive heteros is so much more healthy.... i notice you didn't include female on female scenarios... uneducated bigot.

[Fonfax]

10:25 PM on 10/18/2011

Virginia has an outrageous anti-gay law on the books, passed a few years ago, which makes illegal anything resembling a straight relationship among gays. I am amazed it hasn't been to court yet.

[roscoewpa]

11:53 PM on 10/18/2011

ooops you must have missed the headline and posted to the wrong topic

[Erin84]

11:57 PM on 10/18/2011

No, child services should intervene on behalf of the child of these idiots. Nothing wrong with being lesbian, nor is there anything wrong with being transgender, but there is a huge problem with giving hormones to a kid. He can still explore whether or not he identifies as a girl and he can even dress like one, without having his process of going through puberty forever stunted, while he's still too young to make such a huge decision.

[gingersaff]

06:08 PM on 10/18/2011

Just as some on the right are perfectly fine with the notion that some innocent people are executed, or that children who were brought here from Mexico as infants can be taken from their homes and deported to live in a country and culture that's completely foreign to them, or that people can sicken and die because they cannot afford care, or that the unemployed must continue to suffer in order to elect more conservatives, or that a miscarrying woman can be refused medical treatment if it offends the religious sensibilities of the alleged 'caregivers', so also can they feel all warm and fuzzy over the notion of leaving kids in institutions in lieu of adopting them out to loving parents who want them because of their fear of being forced to not discriminate. I don't need a preacher to show me the difference between good and evil. These "pro-family" groups are perfect examples of the latter. What happens to children adopted by gays and lesbians? Whatever it is, evidently it has something to do with the gradual erosion of willful bigotry advocated by the world's major religions. If the notion of family has weakened, stop blaming the LGBT community and focus your ire where it belongs: directly on us hetero couples. The solution isn't to deny equal marriage and adoption rights to others but to work on alleviating the pressures that can destroy a family: lack of money, employment, stability, support, education, and housing.

[wyndchas78]

06:05 PM on 10/18/2011

This makes me sick to be from Virginia. I can not believe that someone would take what happens in the privacy of the bedroom as a consideration for denying adoption. IT SHOULD ONLY MATTER IF THE PERSON CAN LOVE AND SUPPORT THE CHILD!! Sad Sad day here in the commonwealth.