(Family Photo) - Lawrence Webb, left, and his partner, Clifton Taylor, who live in Falls Church, are considering moving out of Virginia to adopt a child when they are ready to have children.
His position reverses a 2009 decision made by his predecessor, William C. Mims, a former Republican legislator and now a Virginia Supreme Court justice.
The board met in closed session with Assistant Attorney General Noelle Bell-Shaw before the debate. At least one group, Equality Virginia, questioned the legality of the closed-door session. Bell-Shaw declined to comment.
Cuccinelli spokesman Brian Gottstein said later that advice in the 2009 memorandum was “incorrect.”
“In our 2009 review of the 77 pages of proposed adoption regulations, we missed the fact that one line in those regulations would have created additional protected classes of citizens in Virginia, which is beyond the scope of the agency,” he said.
Board chairwoman Bela Sood, who was appointed by former Democratic governor governors Mark Warner and Timothy M. Kaine, requested that the panel postpone the vote, questioning the lack of time for public comment and for the board to consider the latest advice. But the board voted 6 to 2 to deny her request.
Last year, nearly 2,500 children were adopted in Virginia, according to the Department of Social Services, but it does not track how many are adopted through faith-based groups. About 5,700 children are in the foster-care system in Virginia. Of those, 1,300 are ready to be adopted.
Kaine, who is running for U.S. Senate next year, proposed the change in regulations in November 2009, less than two months before he left office. He recently said he supports the rules but declined to say whether he supports same-sex adoptions. He has previously opposed them.
Other adoption regulations approved Wednesday will be reviewed by McDonnell, the Department of Planning and Budget, and Health and Human Resources Secretary Bill Hazel. McDonnell must sign off on the new rules.
McDonnell has said he opposes the changes because faith-based organizations should be able to make their policies.
“Today’s vote by the board will ensure that Virginia remains in compliance with federal law while allowing private and faith-based organizations to continue providing vital adoption services for the large number of children who need to be placed in safe, loving homes,” McDonnell spokesman Jeff Caldwell said.
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