The Virginia Senate approved legislation Tuesday to allow nonprofit adoption agencies to reject gay prospective parents, sending the measure to Gov. Robert McDonnell, says the Associated Press.

The Republican governor has said he would sign the “conscience clause” bill, which backers say protects the religious rights of faith-affiliated, state-funded adoption and foster-care charities by allowing them to deny placements based on their moral beliefs. Critics contend the measure’s intent is not to safeguard religious liberty but to deny adoption to gays and lesbians.

The bill, approved earlier this month in the House, was passed by the Senate on a 22-18 vote, with two Democrats joining all 20 of the chamber’s Republicans in support. It was modeled on a similar statute in North Dakota, the first state to enact such legislation.