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Virginia to allow adoption discrimination against gays, others

Cuccinelli warned board of ‘personal liability’ if non-discrimination rules were adopted

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Gay News, Washington Blade, Gay Virginia, Ken Cuccinelli

Ken Cuccinelli (Washington Blade file photo by Michael Key)

The Virginia State Board of Social Services voted 5 to 1 on Wednesday to allow licensed adoption agencies to refuse to approve adoptions or foster parents based solely on a would-be parent’s sexual orientation as well as six other characteristics.

The board took that action by rejecting for the second time this year an adoption related rule change first drafted in 2009 by state social services officials under former Governor Tim Kaine.

The proposed change called for banning discrimination in the state’s adoption and foster care system solely because of someone’s sexual orientation, religion, age, gender, disability, political beliefs, or family status.

MORE IN THE BLADE: CHRISTIAN CONSERVATIVES ‘IN DRIVER’s SEAT’ IN VIRGINIA

Virginia Governor Bob McDonnell and the state’s controversial attorney general, Ken Cuccinelli, who took office in 2010, opposed the changes. Cuccinelli told the board in a letter that it lacked the authority to add a sexual orientation non-discrimination provision in adoption rules because sexual orientation is not a protected status under state law.

“Politics once again trumped child welfare in Virginia,” said Joe Solmonese, president of the Human Rights Campaign. “How many times can you let the 1,300 children in Virginia’s foster care system waiting for a loving, forever home down?”

Solmonese called on the Virginia Legislature to pass legislation “that makes the best interest of the child the sole basis for adoption, not whether someone is gay or whether two caring adults are able to be married.”

MORE IN THE BLADE: VIRGINIA ELECTS FIRST OPENLY GAY SENATOR

Virginia law limits adoptions to married couples and single parents. Unlike some states, it does not prohibit gays from adopting. It prohibits adoptions by unmarried couples, gay or straight. The proposed change that the board rejected did not call for legalizing adoptions for unmarried couples.

The Family Equality Council, a national gay rights group, says as many as 6,700 adopted children are being raised in Virginia by same-sex couples, with one member of the couple having obtained the adoption.

Equality Virginia, a statewide LGBT advocacy group, also condemned the board’s action, saying it would have an especially harmful impact on large numbers of LGBT youth awaiting adoption or placement in a foster home.

“Today, the State Board of Social Services told the people of the Commonwealth, who they represent, that it is okay for agencies licensed by the state to discriminate in making their services available to prospective adoptive and foster care parents, the 1,200 children waiting for a loving forever home and the 6,000 children in foster care,” said Claire Gastanaga, Equality Virginia’s legislative counsel.

In its action on Wednesday, the board left in place the state’s current non-discrimination policy for adoption and foster care, which bans discrimination based on race, color, and national origin.

Gastanaga, who attended the meeting in which the board voted, said the vote came after a Cuccinelli representative told the six board members that expanding the rules to include sexual orientation discrimination and the other categories could subject board members to “personal liability.”

She said legal experts supporting the expanded non-discrimination rule have disputed Cuccinelli’s claim that the board doesn’t have the authority to make the change.

A spokesperson for the Virginia chapter of the American Civil Liberties Union told Reuter’s News Service that the ACLU was considering filing a lawsuit to challenge the board’s action.

The board has said that during a 30-day public comment period on the proposed rule change it received 1,611 comments in support of expanding the non-discrimination protections and 1,154 comments opposed to the expanded protections.

Among those speaking out against the expanded protects was Krystal Thompson, chief executive officer of Commonwealth Catholic Charities, one of several faith based organizations licensed by the state to facilitate adoptions and foster care placements.

“We have the right under federal and state law to make decisions consistent with our religious beliefs,” the Richmond Times-Dispatch quoted her as saying.

Gastanaga said some faith based adoption agencies as well as non-religious agencies routinely approve adoptions and foster care placements to lesbians and gay men in Virginia.

“Equality Virginia believes that best interests of the child should be the sole basis for child placement decisions,” she said in a statement. “Discrimination based on any of the factors stripped from the final rules has no place in the decision by the state or its licensed agencies whether to provide adoption or foster care services to children or to prospective loving parents.”

Aradhana ‘Bela’ Sood, professor of psychiatry and chair the Division of Child and Adolescent Psychiatry at Virginia Commonwealth University, serves as chair of the State Board of Social Services. She was the one board member to vote against the decision to reject the expanded non-discrimination rules.

“The science really doesn’t substantiate the notion that that is the only way children should be raised,” the Times-Dispatch quoted her as saying in referring to the assumption that children do better when raised by a married heterosexual couple.

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State Department

Senate confirms Marco Rubio as next secretary of state

Fla. Republican will succeed Antony Blinken

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U.S. Sen. Marco Rubio (R-Fla.) during his confirmation hearing to become the next secretary of state on Jan. 15, 2025. (Washington Blade photo by Michael Key)

The U.S. Senate on Monday confirmed U.S. Sen. Marco Rubio (R-Fla.) to become the next secretary of state.

The vote took place hours after President Donald Trump’s inauguration. The Senate Foreign Relations Committee on Monday advanced Rubio’s nomination before senators approved it by a 99-0 vote margin.

The promotion of LGBTQ and intersex rights abroad was a cornerstone of the Biden-Harris administration’s foreign policy.

Rubio in 2022 defended Florida’s “Don’t Say Gay” law that Republican Gov. Ron DeSantis signed. The Florida Republican that year also voted against the Respect for Marriage Act that passed with bipartisan support.

Rubio during his Jan. 15 confirmation hearing did not speak about LGBTQ rights.

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Federal Government

GLAAD catalogues LGBTQ-inclusive pages on White House and federal agency websites

Trump-Vance administration to take office Monday

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World AIDS Day 2023 at the White House (Washington Blade Photo by Michael Key)

GLAAD has identified and catalogued LGBTQ-inclusive content or references to HIV that appear on WhiteHouse.gov and the websites for several federal government agencies, anticipating that these pages might be deleted, archived, or otherwise changed shortly after the incoming administration takes over on Monday.

The organization found a total of 54 links on WhiteHouse.gov and provided the Washington Blade with a non-exhaustive list of the “major pages” on websites for the Departments of Defense (12), Justice (three), State (12), Education (15), Health and Human Services (10), and Labor (14), along with the U.S. Equal Employment Opportunity Commission (10).

The White House web pages compiled by GLAAD range from the transcript of a seven-minute speech delivered by President Joe Biden to mark the opening of the Stonewall National Monument Visitor Center to a readout of a roundtable with leaders in the LGBTQ and gun violence prevention movements and the White House Office of National Drug Control Policy’s 338-page FY2024 budget summary, which contains at least a dozen references to LGBTQ-focused health equity initiatives and programs administered by agencies like the Substance Abuse and Mental Health Services Administration.

Just days after Trump took office in his first term, news outlets reported that LGBTQ related content had disappeared from WhiteHouse.gov and websites for multiple federal agencies.

Chad Griffin, who was then president of the Human Rights Campaign, accused the Trump-Pence administration of “systematically scrubbing the progress made for LGBTQ people from official websites,” raising specific objection to the State Department’s removal of an official apology for the Lavender Scare by the outgoing secretary, John Kerry, in January 2017.

Acknowledging the harm caused by the department’s dismissal of at least 1,000 employees for suspected homosexuality during the 1950s and 60s “set the right tone for the State Department, he said, adding, “It is outrageous that the new administration would attempt to erase from the record this historic apology for witch hunts that destroyed the lives of innocent Americans.”

In response to an inquiry from NBC News into why LGBTQ content was removed and whether the pages would return, a spokesperson said “As per standard practice, the secretary’s remarks have been archived.” However, NBC noted that “a search of the State Department’s website reveals not much else has changed.”

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U.S. Federal Courts

Appeals court hears case challenging Florida’s trans healthcare ban

District court judge concluded the law was discriminatory, unconstitutional

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NCLR Legal Director Shannon Minter (Washington Blade photo by Michael Key)

Parties in Doe v. Ladapo, a case challenging Florida’s ban on healthcare for transgender youth and restrictions on the medical interventions available to trans adults, presented oral arguments on Wednesday before the U.S. Court of Appeals for the 11th Circuit in Atlanta.

The case was appealed by defendants representing the Sunshine State following a decision in June 2024 by Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida, who found “the law and rules unconstitutional and unenforceable on equal protection grounds,” according to a press release from the National Center for Lesbian Rights, which is involved in the litigation on behalf of the plaintiffs.

The district court additionally found the Florida healthcare ban unconstitutional on the grounds that it was “motivated by purposeful discrimination against transgender people,” though the ban and restrictions will remain in effect pending a decision by the appellate court.

Joining NCLR in the lawsuit are attorneys from GLAD Law, the Human Rights Campaign, Southern Legal Counsel, and the law firms Lowenstein Sandler and Jenner and Block.

“As a mother who simply wants to protect and love my child for who she is, I pray that the Eleventh Circuit will affirm the district court’s thoughtful and powerful order, restoring access to critical healthcare for all transgender Floridians,” plaintiff Jane Doe said. “No one should have to go through what my family has experienced.”

“As a transgender adult just trying to live my life and care for my family, it is so demeaning that the state of Florida thinks it’s their place to dictate my healthcare decisions,” said plaintiff Lucien Hamel.

“Members of the legislature have referred to the high quality healthcare I have received, which has allowed me to live authentically as myself, as ‘mutilation’ and ‘an abomination’ and have called the providers of this care ‘evil,’” Hamel added. “We hope the appellate court sees these rules and laws for what truly are: cruel.” 

“Transgender adults don’t need state officials looking over their shoulders, and families of transgender youth don’t need the government dictating how to raise their children,” said Shannon Minter, legal director of NCLR. “The district court heard the evidence and found that these restrictions are based on bias, not science. The court of appeals should affirm that judgment.” 

Noting Hinkle’s conclusion that the ban and restrictions were “motivated by animus, not science or evidence,” Simone Chris, who leads Southern Legal Counsel’s Transgender Rights Initiative, said, “The state has loudly and proudly enacted bans on transgender people accessing healthcare, using bathrooms, transgender teachers using their pronouns and titles, and a slough of other actions making it nearly impossible for transgender individuals to live in this state.”

Lowenstein Sandler Partner Thomas Redburn said, The defendants have offered nothing on appeal that could serve as a valid basis for overturning that finding” by the district court.

 “Not only does this dangerous law take away parents’ freedom to make responsible medical decisions for their child, it inserts the government into private health care matters that should be between adults and their providers,” said Jennifer Levi, senior director of transgender and queer rights at GLAD Law.

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