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Just two months before leaving office, former Governor Tim Kaine left Virginians an unwanted present in the form of proposed changes to adoption guidelines for private agencies (see the Washington Post Virginia Politics Blog). These proposed regulations — by a Social Services Board still dominated by Mr.Kaine’s appointees — slowly working their way through the process, seek to force private adoption agencies to place children in foster care or for adoption with parents irrespective of faith or sexual orientation. It would force faith-based adoption agencies to either abandon their principles or cease providing adoption services (as did Catholic Charities in Massachusetts, after more than 100 years, when that state’s Supreme Court imposed such regulations by judicial fiat).

The proposal under discussion here goes far beyond any policy currently in Virginia law. The Virginia Code clearly details who is eligible to adopt. In § 63.2-1201.1, it plainly states:

Nothing in this section shall be construed to permit any child to have more than two living parents by birth or adoption, who have legal rights and obligations in respect to the child, in the form of one father and one mother.

There is no mistaking Virginia’s intent. The current regulatory proposal, which includes prohibition of discrimination based on sexual orientation, contradicts the intent of the General Assembly.

Nondiscrimination policies that include sexual orientation, whether enshrined in law or implemented through internal constructs, and regardless of their legal weight, highlight the inevitable and unavoidable clash between the unalienable fundamental right of religious liberty and the postmodern era of sexual freedom. While one may agree or disagree with the actions of individuals or private organizations that express their faith in these ways, their fundamental right to do so is at risk with these proposed regulations. Faith-based family organizations have assisted children for decades without unnecessary intervention by government entities. It is very clear that homosexual special interest groups have no concern with preserving religious liberty in pursuit of their political agenda.

Upon learning about these proposed regulations weeks ago, The Family Foundation immediately contacted the governor’s office. At that time, we were assured that Governor McDonnell does not support the current non-discrimination proposal and the current proposal would not stand. To ensure our voice was known where it needed to be, we submitted our official public comment and encouraged pastors to do so as well. After the public comment period closed, Governor Bob McDonnell publicly weighed in, telling the Washington Post:

I know I had said during the campaign that I would essentially keep our adoption laws — which I think are good — the way they are now. … I don’t think we ought to force Catholic Charities to make [the proposed regulations] part of their policy or other similar situated groups. Many of our adoption agencies are faith-based groups that ought to be able to establish what their own policies are. Current regulations that say you can’t discriminate on the basis of race, color or national origin I think are proper.

Since then, concern has mounted based on the circulation of incorrect information stating Governor McDonnell must act by April 15. However, this is an incorrect interpretation of a section of the Code (§ 2.2-4013) that details the time frame for the Notice of Intended Regulatory Action stage, not the proposed stage. The public comment website shows that the adoption regulations are completing the proposed stage, not the NOIRA stage.

A chart published by the Virginia Department of Planning and Budget is extremely helpful in understanding how the circuitous regulatory process works: The proposed adoption regulations currently are in the bottom box of the middle column (not the second box of the first column). Correct reading of Virginia Code and regulatory process shows that the Board of Social Services has no less than 15 and no more than 180 days from April 1 (April 16 through September 28) to adopt the proposed regulations and submit them for full executive branch review. As displayed in column three of DPB’s chart, the proposed regulations must then pass several more reviews prior to final acceptance, including reviews by DPB, the corresponding cabinet secretary, possibly by the attorney general (see Attorney General Ken Cuccinelli’s stated disapproval in the Washington Post) and the governor, then go through at least one more public comment period. The Department of Social Services already has amended the regulations and will present these changes to the Board of Social Services at an upcoming meeting. During any of these stages, the governor can reject or make changes to the proposal.

This adoption proposal, which tramples religious liberty, is a significant overreach through regulation into uncharted waters prohibited by Virginia Code and Virginia Constitution and will not be tolerated. The Family Foundation has been actively involved in seeing that these proposed regulations are not adopted and will continue to monitor the issue very closely.

Yesterday,we reported on the VEA’s proud go-along at the NEA national convention endorsing same-sex marriage (see here). Instead of concetrating on issues that matter to teachers and improving education, the VEA has endorsed advocating a radical left-wing policy in contradiction of the Virginia Constitution and statutory law.

The president of the VEA, Dr. Kitty J. Boitnott, responded to our post with a long comment on the thread stating that our take on the VEA/NEA position wasn’t exactly what the convention meant with its lock-step adoption of the radical homosexual agenda. She goes on about “social justice.” What any of this has to do with teaching clearly is beyond most parents’ concerns for their children’s education. 

Not only is the  homosexual marriage resolution contrary to the views of a majority of Virginians, she did not answer our concern about whether the VEA, with this policy position, now will encourage its member teachers to ignore the new traditional marriage guidelines to the Family Life Education curriculum. A true conflict of interest now is on the record.

Adopting a radical agenda contrary to Virginia law. Wasting time on matters completely non-germane to education. A significant conflict of interest.

We report. You decide. Below is the resolution:

NEA Representative Assembly New Business Items (NBIs)
NEW BUSINESS ITEM E
ADOPTED

“Resolutions B-13 (Racism, Sexism, Sexual Orientation, and Gender Identification Discrimination) and I-13 (Civil Rights) set forth NEA’s opposition to the discriminatory treatment of same-sex couples and its belief that such couples should have the same legal rights and benefits as similarly-situated heterosexual couples. The Legislative Program is in accord: NEA supports “obtaining, preserving, and strengthening basic civil and human rights under law,” and specifically calls for “passage of a federal statute prohibiting employment discrimination on the basis of sexual orientation or gender identity and expression.” Section IV(b). In implementation of the foregoing policies, the Representative Assembly adopts the following action plan with regard to same-sex couples:

1. NEA will support its affiliates seeking to enact state legislation that guarantees to same-sex couples the right to enter into a legally recognized relationship pursuant to which they have the same rights and benefits as similarly-situated heterosexual couples, including, without limitation, rights and benefits with regard to medical decisions, taxes, inheritance, adoption, and immigration.

2. NEA does not believe that a single term must be used to designate this legally recognized “equal treatment” relationship, and recommends that each state decide for itself whether “marriage,” “civil union,” “domestic partnership,” or some other term is most appropriate based upon the cultural, social, and religious values of its citizenry.

3. NEA will support its affiliates in opposing state constitutional and/or statutory provisions that could have the effect of prohibiting the state and its political subdivisions from providing the same rights and benefits to same-sex couples as are provided to similarly-situated heterosexual couples.

4. NEA will take such actions as may be appropriate to support efforts to (a) repeal any federal legislation and/or regulations that discriminate against same-sex couples, and (b) enact federal legislation and/or regulations that treat same-sex couples and similarly-situated heterosexual couples equally with regard to social security, health care, taxation, and other federal rights and benefits.

5. NEA recognizes that the term “marriage” has religious connotations and that same-sex marriages may not be compatible with the beliefs, values, and/or practices of certain religions. Because of its support for the separation of church and state and the right to religious freedom guaranteed by the First Amendment to the United States Constitution, NEA supports the right of religious institutions to refuse to perform or recognize same-sex marriages.

The Executive Committee will monitor the implementation of this New Business Item, and keep NEA affiliates informed of actions taken to achieve its objectives.”

Yesterday we provided video and commentary of the three Democrat gubernatorial candidates’ views on same-sex marriage and on issues dear to the homosexual lobby. Now, we hear from the front-runner for the Democrat nomination for lieutenant governor, Jody Wagner, who sounds as if she’s in complete lock-step with the Equality Virginia agenda. Among other things, she told the homosexual-oriented Michael-In-Norfolk blog (read the whole report here) that she:

. . . supports adding “sexual orientation” to the Virginia Fair Housing Law covering all rental and sales transactions. Moreover, she reminded me that she served on the Virginia Housing Development Authority when the VHDA Board of Commissioners voted unanimously to remove the so-called “family rule” that required those borrowing money from the agency to purchase a home to be related by blood, marriage or adoption. The Family Foundation and extreme Christianist groups went beserk over the vote, but the policy change was upheld.

Oh, cool. A gratuitous slap at us! Looks like we’ve made it, after all. By the way, “Christianist“? Who’s using the pejoratives, who’s stereotyping, who’s staking the claim to righteousness? Not only did this blog take a slap at us Sunday, it attacked Family Foundation President Victoria Cobb.