Massachusetts Defends Policy of Protecting LGBTQ+ Youth in Foster Care Dispute

Massachusetts has defended its decision to protect LGBTQ+ youth from being placed with foster parents who refuse to affirm and respect their LGBTQ+ identities, insisting that LGBTQ+ protections are not hostile to Catholicism or other systems of faith.

In 2023, the Department of Children and Families (DCF) of Massachusetts rejected a Catholic couple’s application to foster children due to their failure to adhere to a state requirement that foster parents agree to “support, respect, and affirm the foster child’s sexual orientation, gender identity, and gender expression,” according to GBH radio.

Mike and Kitty Burke, the Catholic couple whose application was denied, chose to sue Massachusetts officials, claiming that they were barred from becoming foster parents due to their religious beliefs about gender and sexuality. Since then, two Christian couples, Audrey and Nick Jones, and Greg and Marianelly Schrock, have also sued the state. 

After the DCF policy was amended in 2025 to eliminate references to gender identity due to pressure from the Department of Health and Human Services (HHS), the Burkes then filed a summary-judgement motion suggesting that the recent change undercuts the state’s justification for their denial, according to Fox News. 

State officials, however, have remained firm in their position. The Burkes were not denied because they are Catholic, officials say, and the LGBTQ+ requirements are not hostile to their religious beliefs. These requirements are in place to ensure that all applicants are able and willing to provide a safe, supportive home to any and all children that are placed in their care. The state filing reads, in part:

“DCF’s paramount concern is the health, safety, and long-term well-being of the children in its custody, including providing a ‘safe, nurturing, and permanent family’ for each child. The LGBTQ+ Requirements allowed for no exceptions, because children disclose LGBTQ+ identities at all ages, and DCF has no way of knowing which children will ultimately develop and disclose such identities.”

Becket, the law firm representing the Burkes, released a statement arguing for the couple’s right to be foster parents regardless of how their beliefs might impact the children placed in their care, saying:

“The Commonwealth is arguing in court that it is harmful to children to place them with compassionate families who hold traditional beliefs about marriage, sexuality, and gender…We’re asking the court to put an end to this hypocrisy and open the door for devoted families to help children who need a stable home.”

LGBTQ+ advocates praised the inclusion of such requirements due to the particular vulnerability of LGBTQ+ youth in foster care. GBH reported that advocates related:

“Nationally, 40% [of LGBTQ+ foster youth] have run away or have been kicked out of their homes for being LGBTQ+, and LGBTQ+ youth who are in foster care are three times more likely to attempt suicide than LGBTQ+ youth who are not, according to the Trevor Project.”

Tanya Neslusan, the executive director of MassEquality, said:

“These are already traumatized kids facing additional trauma because of their identity — and this isn’t about the foster parents. When you are parenting children, it is never about the parents — it is about the children and making sure that their needs are prioritized. And if you can’t in good conscience do that, then that’s really what it comes down to.”

—Phoebe Carstens, New Ways Ministry, April 7, 2026