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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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National

Madonna turns Times Square into massive dance floor

Pop icon celebrates Pride month with surprise performance

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Madonna surprised New York fans with an impromptu show in Times Square. (Photo by Alex Antonioni; courtesy Warner Records)


Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.

She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”

In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream. 

Madonna performs in Times Square on Thursday. (Photo by Alex Antonioni; courtesy Warner Records)
(Photo by Ricardo Gomes; courtesy Warner Records)

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Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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