I write in support of 22 VAC 40-131-170B as approved by the State Board of Social Services on April 20.  The Board’s decision on April 20 empowers all agencies, including those that are faith-based, to continue the great work they are doing, without governmental intrusion into the practice of their faith.  This decision continues to be the correct path to follow.

I write on behalf of the Virginia Catholic Conference, which is the public-policy agency of Virginia’s Catholic bishops and their two dioceses (serving nearly 700,000 parishioners).   My comments reflect the shared perspective of Catholic Charities of the Diocese of Arlington and of Commonwealth Catholic Charities and Catholic Charities of Eastern Virginia within the Diocese of Richmond.

The Board-approved 22 VAC 40-131-170B states: “The licensee shall prohibit acts of discrimination based on race, color, or national origin to: (1) Delay or deny a child’s placement; or (2) Deny an individual the opportunity to become a foster or adoptive parent.”

The Conference supports this provision.  During the prior comment period, the Conference (on March 31) objected to the inclusion of other items, such as sexual orientation, family status, religion, and age.  The Conference hereby renews this objection and reiterates its support for the provision’s current language, which is squarely in line with federal law and avoids inconsistencies with state law.

Many licensed child-placing agencies, including those of Virginia’s two Catholic dioceses, profess deeply held convictions and religious beliefs regarding the institution of marriage, the family unit, and human sexuality.  These agencies have the right, under federal and state law, to make determinations according to their convictions and beliefs.  The proper role of government is to respect and preserve this existing right.  Just as importantly, many birthparents and prospective adoptive parents hold these convictions and beliefs too, and they should certainly be able to choose to work with agencies that share their values.

Forcing agencies and individuals into a choice of whether to follow their own values or to adhere to the law is an unacceptable violation of the freedom of conscience upon which our diverse, pluralistic society is based, and of the religious freedom upon which our Commonwealth and our country were built.

Faith-based agencies play a vital role in building and strengthening families in Virginia.  The State Board of Social Services’ 7-2 vote on April 20 resoundingly affirmed the significant contributions faith-based agencies make to the fabric of our Commonwealth, and the fundamental right of these agencies and those they serve to practice what they profess.  The proper scope of 22 VAC 40-131-170B was fully debated and rightly decided on April 20, after extensive commentary that day and well before that (in the comment period that ended April 1). 

Thank you for your consideration of the perspective of Virginia’s two Catholic dioceses and their agencies in this matter.

Jeff Caruso, Executive Director

Virginia Catholic Conference