Virginia Attorney General Ken Cuccinelli has rejected a measure sought by gay rights groups aimed at keeping private agencies from using sexual orientation as a basis for denying someone the opportunity to apply to become an adoptive or foster parent. The state board of social services does not have the authority to adopt proposed nondiscrimination regulations for adoption agencies, according to Cuccinelli’s office. The regulations would bar state-licensed adoption agencies from discriminating against prospective applicants based on their sexual orientation.

But the proposed language “does not comport with applicable state law and public policy,” and, therefore, the state board lacks the authority to adopt it, according to a memo from senior Assistant Attorney General Allen Wilson.