Child-placing agency; shall not be required to participate in placement of child for foster care. (SB349)
Introduced By
Sen. Jeff McWaters (R-Virginia Beach)
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. Read the Bill »
Outcome
Bill Has Passed
History
| Date | Action |
|---|---|
| 01/10/2012 | Prefiled and ordered printed; offered 01/11/12 12100766D |
| 01/10/2012 | Referred to Committee on Rehabilitation and Social Services |
| 01/17/2012 | Impact statement from DPB (SB349) |
| 01/30/2012 | Assigned Rehab sub: Social Services |
| 02/03/2012 | Reported from Rehabilitation and Social Services with substitute (8-Y 7-N) (see vote tally) |
| 02/03/2012 | Committee substitute printed 12104635D-S1 |
| 02/06/2012 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
| 02/06/2012 | Impact statement from DPB (SB349S1) |
| 02/07/2012 | Passed by for the day |
| 02/08/2012 | Read second time |
| 02/08/2012 | Reading of substitute waived |
| 02/08/2012 | Committee substitute agreed to 12104635D-S1 |
| 02/08/2012 | Amendments by Senator Barker rejected (16-Y 23-N) (see vote tally) |
| 02/08/2012 | Amendments by Senator Favola rejected (17-Y 22-N) (see vote tally) |
| 02/08/2012 | Amendment by Senator Ebbin rejected (16-Y 23-N) (see vote tally) |
| 02/08/2012 | Amendment #1 by Senator McEachin rejected (16-Y 22-N) (see vote tally) |
| 02/08/2012 | Reading of amendment waived |
| 02/08/2012 | Amendment #2 by Senator McEachin rejected (17-Y 22-N) (see vote tally) |
| 02/08/2012 | Reading of amendments waived |
| 02/08/2012 | Amendments by Senator Herring rejected (17-Y 22-N) (see vote tally) |
| 02/08/2012 | Amendments by Senator Barker reconsidered (39-Y 0-N) (see vote tally) |
| 02/08/2012 | Amendments by Senator Barker rejected (17-Y 22-N) (see vote tally) |
| 02/08/2012 | Engrossed by Senate - committee substitute SB349S1 |
| 02/09/2012 | Read third time and passed Senate (22-Y 18-N) (see vote tally) |
| 02/13/2012 | Placed on Calendar |
| 02/13/2012 | Read first time |
| 02/13/2012 | Referred to Committee on Health, Welfare and Institutions |
| 02/16/2012 | Reported from Health, Welfare and Institutions (14-Y 7-N) (see vote tally) |
| 02/17/2012 | Read second time |
| 02/20/2012 | Passed by for the day |
| 02/21/2012 | Passed by for the day |
| 02/22/2012 | Read third time |
| 02/22/2012 | Passed by temporarily |
| 02/22/2012 | Amendment by Delegate Englin rejected (27-Y 71-N) |
| 02/22/2012 | VOTE: REJECTED (27-Y 71-N) (see vote tally) |
| 02/22/2012 | Amendments by Delegate Morrissey rejected |
| 02/22/2012 | Passed House (71-Y 28-N) |
| 02/22/2012 | VOTE: PASSAGE (71-Y 28-N) (see vote tally) |
| 02/27/2012 | Enrolled |
| 02/27/2012 | Bill text as passed Senate and House (SB349ER) |
| 02/27/2012 | Signed by Speaker |
| 02/28/2012 | Impact statement from DPB (SB349ER) |
| 02/28/2012 | Signed by President |
| 04/09/2012 | G Approved by Governor-Chapter 715 (effective 7/1/12) |
| 04/09/2012 | G Acts of Assembly Chapter text (CHAP0715) |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 51 minutes.
Comments
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.
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.
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
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.
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.