Massachusetts Blocks Catholic Couple From Fostering Children
Massachusetts has banned a Catholic couple from fostering children due to their religious beliefs about gender and orientation.
In a federal lawsuit filed on Tuesday, Mike and Catherine “Kitty” Burke accused the Democrat-run state of blocking them from fostering children because they follow Catholic teachings on gender, orientation and marriage.
The couple has also released a statement about the state’s refusal to allow them to take in foster children — noting that they had gone through “months of interviews and training” as well as “years of heartbreak” in their effort to foster.
The Burkes went on to note that they were “on the verge of finally becoming parents” — and were “absolutely devastated to learn that Massachusetts would rather children sleep in the hallways of hospitals than let us welcome children in need into our home.”
According to the couple, the state only gave them one reason for denying their foster care application — a claim that the couple “would not be affirming to a child who identified as LGBTQIA.”
The denial letter from the state, which is included in the lawsuit, asserts that the applicant must demonstrate “to the satisfaction of the Department” the ability to “promote the physical, mental, and emotional well-being of a child placed in his or her care.”
This would include, according to the state, “supporting and respecting” the “orientation or gender identity” of a child — as well as “the integrity of a child’s racial, ethnic, linguistic, cultural and religious background.”
Documents included in the lawsuit state that the Burkes were open to fostering children with significant medical, mental health or behavioral needs — and were open to maintaining connections with a foster child’s birth family. The couple also produced documents confirming that they both have good mental health.
Despite all of this, the Burkes’ application to foster was denied — with court documents showing that the state’s “issue of concern” was the couple’s statements about LGBT children.
“As faithful Catholics, the Burkes believe that all children should be loved and supported, and they would never reject a child placed in their home,” the lawsuit states, adding that the couple believes that “children should not undergo procedures” such as dangerous and irreversible gender transition treatments.
The lawsuit seeks to overturn the state’s decision to ban the Burkes from fostering, as well as to ban Massachusetts from using LGBT accommodations to bar religious applicants from obtaining foster licenses. The couple is also seeking “nominal and compensatory damages.”
The legal firm representing the Burkes, religious liberty law group Becket Law, published a press release about the lawsuit on Tuesday.
“Hundreds of children in the state’s foster care system need homes, and religious parents like Mike and Kitty Burke are ready to open their hearts and homes,” Becket Law’s press release read.
“Federal law protects the ability of religious people and organizations to foster children in need without having to forfeit their beliefs,” the press release continued.
Conservatives have spoken out against Massachusetts for religious discrimination, posting in support of the Burkes on X, formerly known as Twitter.
“Over 1500 children without foster families in Massachusetts and this couple was denied from fostering for being religious,” wrote skateboarder and Timcast employee Taylor Silverman.
This case has the potential to make it to the Supreme Court, which will likely rule in the couple’s favor — as the conservative-majority court previously ruled in favor of religious liberty in a foster-related situation. In 2021, the Supreme Court sided with a Catholic adoption agency that would not allow LGBT couples to adopt children.
