Mike and Kitty Burke. Image source: Becket
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Massachusetts officials are standing by their decision to ban a Catholic couple, who hold biblical views on marriage and sexuality, from fostering children, despite a December policy change that removed the state's radical gender ideology mandate for caregivers.
Mike and Kitty Burke, long desiring to become parents, applied to become foster parents in 2022 after learning they would not be able to have children on their own.
'The Commonwealth's doublespeak is exactly why they are pressing for a clear ruling from the court protecting the freedom of religious families to foster and adopt children.'
Despite the couple successfully completing hours of training, extensive interviews, and a home study, the Massachusetts Department of Children and Families denied their request.
The DCF's Licensing Review Team stated that the Burkes were rejected "based on the couple's statements/responses regarding placement of children who identified LGBTQIA," according to the couple's 2023 federal lawsuit against state officials.
At the time of the denial, Massachusetts foster parent licensing policy required applicant parents to "promote the physical, mental, and emotional well-being of a child placed in his or her care, including supporting and respecting a child's sexual orientation or gender identity."
This policy did not include any exemptions for religious perspectives.
Photo by Ali Atmaca/Anadolu Agency via Getty Images
In December, the DCF issued an emergency amendment that removed the "sexual orientation or gender identity" language in the policy.
The DCF stated that the amendment would "strike the requirement that a foster/pre-adoptive parent or applicant affirm a child's sexual orientation or gender identity and [replace] it with a requirement that a foster/pre-adoptive parent or applicant affirm a child's individual identity and needs."
In a March court filing, Massachusetts officials contended that policy change was irrelevant in the Burkes' case because their denial was based on the rules in effect at the time. Further, they asserted that the denial "did not violate the Constitution" and was "not hostile to religion."
Massachusetts officials argued that "the mere fact that the Burkes could not satisfy" the LGBTQ+ requirements, "whether due to their religion or otherwise, does not clearly establish that denying their license application was unconstitutional."
Roxbury Department of Children and Families. Photo by Jessica Rinaldi/The Boston Globe via Getty Images
The Burkes maintained that the discovery process proved that their religious beliefs were "the only reason for that denial."
"Mike and Kitty were cautiously hopeful that Massachusetts would finally end its religious discrimination," Lori Windham, senior counsel for Becket, the law firm representing the Burkes, told Blaze News. "But that hope turned to heartbreak when Massachusetts chose to keep fighting them in court. The Commonwealth's doublespeak is exactly why they are pressing for a clear ruling from the court protecting the freedom of religious families to foster and adopt children."
"Mike and Kitty are still open to fostering or adopting children in the future. But Massachusetts has made it harder for them to adopt any child with its discriminatory decision on their record, and that's why they are asking the court to erase it," she added.
A decision in the case is expected by the fall, Windham stated.
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