If the Virginia state bill merely protects the freedom of association of private Virginia adoption agencies that do not want to make gay adoptions, then of course this same freedom of association is what would allow you to start an adoption agency that specialized in gay adoptions, or lesbian adoptions (or African American adoptions, or that deliberately treated all couples equally, or that had any other special mission).

Just as leftover fascists are currently are trying to force everyone who doesn’t approve of sterilization (etc.) to pay for insurance plans that provide it, they are trying to make it impossible for a pregnant woman who wants to give her baby up only to a specific type of person or couple (gay or straight, two parent, the same race, etc.) to be unable to do so. Increasing the chance that she might choose abortion. One can imagine for example, a pregnant woman whose gay siblings had suffered abuse at the hands of a homophobic parent, who discovers from genetic testing that her baby is likely to be gay, who wants to choose an adoption agency that would only place her baby with a gay couple. Your one size fits all fascism would deny her access to such a “discriminatory” adoption agency.

This is replicated throughout the economy. Currently it is illegal in DC and many counties and some states for a realtor to tell people whether neighbors, buyers, sellers, etc. are gay or straight. I once had a lesbian (and socialist) friend and client who was house shopping ask me which blocks or areas were most friendly for a lesbian couple planning a child. I had to tell her it is illegal in DC for me to provide any information about the neighbors, because sexual orientation is a protected class in DC, and fair housing laws violate real estate agent’s free speech to answer such a question. If she had wanted to go to Virginia, where sexual orientation is not a protected class, I could have answered her.

The bill, SB 349, became known as the “conscience clause” bill because supporters say it would protect the religious rights of faith based adoption and foster placement agencies, many of whom are funded by the state.

Faith-based organizations to taxpayers: “Freedom of conscience for us, but not for you.”