Child-placing agency; shall not be required to participate in placement of child for foster care. (HB189)

Introduced By

Del. Todd Gilbert (R-Woodstock) with support from 16 copatrons, whose average partisan position is:

Those copatrons are Del. Rob Bell (R-Charlottesville), Del. Kathy Byron (R-Lynchburg), Del. Mark Cole (R-Fredericksburg), Del. Peter Farrell (R-Henrico), Del. Scott Garrett (R-Lynchburg), Del. Chris Head (R-Roanoke), Del. Gordon Helsel (R-Poquoson), Del. Keith Hodges (R-Urbanna), Del. Bob Marshall (R-Manassas), Del. Rick Morris (R-Carrollton), Del. Brenda Pogge (R-Williamsburg), Del. Charles Poindexter (R-Glade Hill), Del. Bob Purkey (R-Virginia Beach), Del. David Ramadan (R-South Riding), Del. Bob Tata (R-Virginia Beach), Sen. John Cosgrove (R-Chesapeake)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Child-placing agency; conscience clause.  Provides that no private child-placing agency shall be required to consider or consent to any placement of a child for foster care or adoption if such placement would conflict with the religious tenets of the agency's sponsor or any organization or institution with which the agency is associated or affiliated. The bill also provides that such refusal shall not form the basis of any claim for damages for such refusal. Amends § 63.2-1709.3, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/09/2012Committee
01/09/2012Prefiled and ordered printed; offered 01/11/12 12101768D
01/09/2012Referred to Committee on Health, Welfare and Institutions
01/13/2012Impact statement from DPB (HB189)
01/16/2012Assigned HWI sub: #3
01/26/2012Subcommittee recommends reporting with amendment(s) (4-Y 1-N)
01/31/2012Reported from Health, Welfare and Institutions with substitute (16-Y 5-N) (see vote tally)
01/31/2012Committee substitute printed 12104360D-H1
02/01/2012Read first time
02/01/2012Impact statement from DPB (HB189H1)
02/02/2012Read second time
02/02/2012Committee substitute agreed to 12104360D-H1
02/02/2012Amendment by Delegate Englin rejected
02/02/2012Amendments by Delegate Englin rejected
02/02/2012Engrossed by House - committee substitute HB189H1
02/03/2012Read third time and passed House (71-Y 28-N)
02/03/2012VOTE: PASSAGE (71-Y 28-N) (see vote tally)
02/06/2012Constitutional reading dispensed
02/06/2012Referred to Committee on Rehabilitation and Social Services
02/17/2012Reported from Rehabilitation and Social Services (8-Y 7-N) (see vote tally)
02/20/2012Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/21/2012Read third time
02/21/2012Passed Senate (22-Y 18-N) (see vote tally)
02/24/2012Enrolled
02/24/2012Bill text as passed House and Senate (HB189ER)
02/24/2012Signed by Speaker
02/27/2012Signed by President
02/28/2012Impact statement from DPB (HB189ER)
04/09/2012G Approved by Governor-Chapter 690 (effective 7/1/12)
04/09/2012G Acts of Assembly Chapter text (CHAP0690)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 49 minutes.

Duplicate Bills

The following bills are identical to this one: SB349.

Comments

Equality Virginia, tracking this bill in Photosynthesis, notes:

Equality Virginia strongly opposes this bill that seeks statutory authority for state-licensed and state-funded faith-based child-placing agencies to discriminate based on sexual orientation and gender identity in providing foster care and adoption services.

Mark Knight writes:

the child-placing agencies licensed to facilitate adoptions and foster care are functioning as agencies of the state. As such, when placing children, they are not engaged in private acts (as would be the case with respect to employment decisions). Just as the state cannot deny any citizen the equal protection of the laws, neither can the agents of the state -- in this case, the licensed child placing agencies -- even if they are run by faith-based organizations.

els writes:

This language appears to authorize state protection for such actions as the following:
- prohibiting placement of children because of White supremacist theologies
- prohibiting placement of children because of Black supremacist theologies
- prohibiting placement of children because of eugenical beliefs embedded in theologies (e.g. particular disabilities are signs of physical, mental and spiritual inferiority)
etc

Southern Poverty Law Center lists a horde of aggressively prejudiced and/or violent organizations (racist, anti-semitic, anti-muslim, sexist/heterosexist, etc) active in Virginia that could come under protection of this 'law' (" the agency's sponsor or any organization or institution with which the agency is associated or affiliated") :

http://www.splcenter.org/get-informed/hate-map#s=VA

American Immigration Control Foundation/Americans for Immigration Control - anti immigrant, in Monterey

American Renaissance White Nationalist, in Arlington

American Renaissance/New Century Foundation - White Nationalist, in Oakton

Aryan Nations 88 - Neo-Nazi, statewide

Blood and Honour America Division - Racist Skinhead, statewide

British National Party Overseas Unit - White Nationalist, in Berryville

Brotherhood of Klans Knights of the Ku Klux Klan, statewide

Confederate Hammerskins - Racist Skinhead, in Petersburg

Council of Conservative Citizens - White Nationalist, statewide

Crew 38 - Racist Skinhead, statewide

European-American Unity and Rights Organization, White Nationalist, in Richmond

Heritage and Destiny - White Nationalist, in Falls Church

In the Spirit of Chartres Committee - Radical Traditional Catholicism, in Suffolk

Knight Riders Knights of the Ku Klux Klan, in Abingdon

Knights of the Southern Cross Soldiers of the Ku Klux Klan, in Powhatan

League of the South - Neo-Confederate, in Marion

Nation of Islam- Black Separatist, in Richmond

National Black Foot Soldier Network - Black Separatist in Virginia Beach

Old Glory Skinheads - Racist Skinhead, statewide

The Creativity Alliance - Neo-Nazi, statewide

The Creativity Movement- Neo-Nazi, in Wise

The Fitzgerald Griffin Foundation- White Nationalist, in Vienna

Traditionalist American Knights of the Ku Klux Klan, statewide

United Northern and Southern Knights of the Ku Klux Klan, statewide

United Northern and Southern Knights of the Ku Klux Klan, in Gordonsville

VDARE Foundation- White Nationalist, in Warrenton

Virgil White Knights of the Ku Klux Klan, statewide

Virginia Publishing Company - Christian Identity, in Lynchburg

Volksfront-Racist Skinhead, in Norfolk

Roland W writes:

Mothers and Others Virginia strongly opposes this bill that seeks statutory authority for state-licensed and state-funded faith-based child-placing agencies to discriminate based on sexual orientation and gender identity in providing foster care and adoption services. Faith-based agencies are under contract with the State of Virginia and receive tax payer funds.

Sarah Williams writes:

The state should not license as an agent of the state's business any organization that cannot faithfully fulfill the obligations of the state to citizens. If private agencies want to be involved, they should observe and honor the same freedoms from prejudice and discrimination that are required of state agencies. This exception is wrong and bad for children. Any agency that would benefit from this provision should be out of business.