Regarding discrimination clause:
The issue at hand is not one of discrimination but of law. The commonwealth of VA cannot easily change adoption / foster care regulations if it contradicts the law of the commonwealth.
The Virginia Administrative Code does not recognize a cohabiting couple as a “family unit” (12VAC5-620-10 and 12VAC5-640-100)
The Code of Virginia states that cohabitation is a Class 3 Misdemeanor (§ 18.2-345). If this seems to be an archaic law, be assured that it is. It was adopted in 1950 and was amended in 1960 and 1975.