The Virginia Senate on Tuesday approved the House of Delegates' version of a bill that would allow faith-based adoption and foster care organizations that use state funds to deny services to parents or children who do not share their religious beliefs.
Senators approved House Bill 189 by a vote of 22-18. Sens. Charles J. Colgan, D-Prince William and Phillip P. Puckett, D-Russell joined 20 Republicans in voting for the measure.
An identical Senate bill was scheduled for a vote in the House of Delegates. But now that the House bill has cleared both chambers, at least one "conscience clause" bill will head to Gov. Bob McDonnell for consideration.
Federal law prohibits state-funded adoption agencies from denying services to prospective parents or the children they assist on the basis of race, color, or national origin. In Virginia, single adults -- gay or straight -- and married couples can adopt, but not gay couples.
Faith-based organizations make up roughly half of the 80 adoption organizations licensed by the state. Supporters said the measures allow adoption organizations such as Catholic Charities to administer services without violating the tenets of their faith.
"The passage today of conscience protections for private child placement agencies by a bipartisan majority in the Senate is a tremendous victory for religious liberty and an affirmation of the critical role faith-based organizations play in providing hope and security for thousands of children and families in Virginia," said Victoria Cobb, president of the Family Foundation of Virginia.
"This important legislation does not in any way change current Virginia law regarding who can adopt in Virginia; it simply confirms that faith-based agencies will not be discriminated against by the state simply for acting according to their faith principles."
But opponents said the new legislation is designed to give such agencies legal sanction to deny services to gay parents.
Senate Democrats voiced strong objection to the legislation.
"Whose conscience are we talking about?" asked Sen. Janet D. Howell, D-Fairfax. "My conscience is offended when we talk about discrimination."
Sen. Adam Ebbin, D-Alexandria, called it "a first step toward actually outlawing adoption" of gay children or by gay parents.
And Sen. Mark Herring, D-Loudoun, said state funds should not be used to finance faith-based organizations that deny services based on their religious beliefs.
He noted that Virginia ranks 49th in the nation in the ability to adopt the foster children in its care, of which there are more than 5,300.
"Every one of those children deserves more from us than this," he said.
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