Is A Court Challenge Coing for Virginia's Discriminatory Adoption Rules

Despite a recent poll that shows a solid majority of Virginians support gay couple adoption the Virginia Board of Social Services at the last minute stripped proposed revised rules of anti-discrimination rules that would have barred anti-gay discrimination by private adoption agencies acting on behalf of the Commonwealth of Virginia. Worse yet, other non-discrimination protections were likewise stripped from the rules so that religious affiliated adoption agencies - which receive public money - would be free to discriminate against whoever they chose largely unfettered. A move is afoot to reopen the comment period on the travesty worked by the Board which clearly knuckled under to the demands of Victoria Cobb (pictured at right so readers can see the face of hate in Virginia) and her fellow Christofascists at The Family Foundation and the certifiably insane Virginia Attorney General Ken "Kookinelli" Cuccinelli and Governor Bob "Taliban Bob" McDonnell. Should the Board refuse to reopen the matter, a lawsuit has been threatened. To me it's a simple matter: if an agency takes public funds, it loses any and all right to discriminate. Period end of discussion. You do NOT get to have your cake and eat it too. Here are highlights from the Virginian Pilot:
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Advocacy groups are asking the Virginia Board of Social Services to delay the implementation of new regulations they say would allow state-licensed adoption agencies to discriminate against prospective adoptive and foster parents because of their sexual orientation.
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Equality Virginia, the American Civil Liberties Union and other groups said at a news conference Tuesday they're seeking a suspension of the rules to allow further public comment. Under the state's Administrative Process Act, the board must reopen comment if at least 25 people make such a request.
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"The state Board of Social Services' last-minute decision to strip protections against discrimination based on gender, religion, age, disability, political beliefs, family status and sexual orientation from the rules governing state-licensed agencies was done without any chance for the public to comment on this substantial change" before its decision last month, Equality Virginia executive director James Parrish said.
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In the event that the board determines the changes in the regulations don't carry substantial impact, and thus refuses to reopen public comment, the groups are prepared to challenge that decision in court.
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"A decision by a state agency that has the effect of sanctioning and authorizing discrimination of any kind cannot be said to be an `inconsequential' decision," Parrish wrote in a letter to the board chairman, Dr. Aradhana Sood, and Department of Social Services Commissioner Martin Brown. "This is particularly true where, as here, the discrimination being authorized ultimately will be sanctioned and facilitated not only by the Board but by the courts of the Commonwealth that must approve all adoptions."
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Some church-affiliated organizations opposed the discrimination ban, saying that placing children with gay or lesbian couples would go against their religious beliefs.
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But Virginia ACLU legal director Rebecca Glenberg said Tuesday that while the government should be sensitive to religious freedom, all state-licensed adoption groups are "engaged in fundamentally a governmental function" and should not discriminate.
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Beth Panilaitis, executive director of youth-advocacy group ROSMY, said that many of the lesbian, gay, bisexual and transgender youths that her central Virginia group assists are homeless or have been in the child-welfare system. Those who are in foster care or group homes have also reported feeling unsafe because of their sexual orientation or gender identity.
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Virginia will be truly a far better place for all when vicious organizations like The Family Foundation close their doors once and for all and religious extremists like Cuccinelli and McDonnell are out of public office. The religious based hate that they espouse doesn't belong in Virginia or the USA for that matter.