A coalition of groups, including Equality Virginia and the American Civil Liberties Union, is pushing Virginia’s State Social Services Board to delay implementing new regulations the groups say could allow adoption agencies in Virginia to discriminate based on sexual orientation.
The board voted 7-2 last month to reject a proposal that would prohibit discrimination during the adoption process based on sexual orientation, instead adopting rules barring discrimination based on race, color, or national origin. Attorney General Ken Cuccinelli had advised the board it lacked the authority to bar discrimination against gays.
“The vote by the Board of Social Services to reject the non-discrimination regulations took place too quickly without ample public notice,” said ACLU of Virginia Executive Director Kent Willis. “We want an opportunity for the board to hear what Virginia residents really think, and the only way to do that is to reopen the process.”
If that doesn’t happen, the groups could go to court over the issue.
State agencies must delay the implementation of rules and reopen the public comment period when they receive 25 requests and the change between proposed and published rules would have a “substantial impact.”
Married couples and single people, regardless of sexual orientation, can adopt in Virginia, while unmarried couples cannot.
Governor Bob McDonnell has said he favors the current regulations.
‘There has already been an extensive, lengthy and easily accessible opportunity for public comment regarding this regulation,” said Tucker Martin, a spokesman for Bob McDonnell. “Citizen input during that period ran overwhelmingly in favor of keeping Virginia’s adoption regulations in their current, and longstanding, form.”
