I write in opposition to the proposed language of 22 VAC 40-131-170, which would add the following language to the “Program Statement” section of the Standards for Licensed Child-Placing Agencies.

It is the role of the elected members of the General Assembly, and not of state executive departments, to set policy for the Commonwealth.  Absent enabling legislation, a state agency has no authority to include sexual orientation in a nondiscrimination policy, particularly since its inclusion as a protected classification has been so often rejected by the General Assembly.