Massachusetts Defends LGBTQ+ Youth Protections in Foster Care

Massachusetts state officials are defending the decision to deny foster care licenses to applicants who refuse to affirm and respect the LGBTQ+ identities of children in their care. The state maintains that these protections are necessary to ensure the health, safety, and long-term well-being of youth in the custody of the Department of Children and Families (DCF).

The dispute centers on a state requirement that foster parents agree to support, respect, and affirm the foster child’s sexual orientation, gender identity, and gender expression. This policy has led to multiple lawsuits from families who claim the requirements infringe upon their religious beliefs.

Legal Challenges and Denied Applications

In 2023, the DCF rejected the application of Mike and Kitty Burke, a Catholic couple, because they did not adhere to the state’s affirmation requirements. The Burkes filed a lawsuit against Massachusetts officials, alleging they were barred from becoming foster parents due to their religious beliefs regarding gender, and sexuality.

Following the Burkes’ legal action, two other Christian couples, Audrey and Nick Jones and Greg and Marianelly Schrock, also filed lawsuits against the state over similar grounds.

The legal conflict evolved in 2025 when the DCF amended its policy to eliminate specific references to gender identity. This change was made following pressure from the Department of Health and Human Services (HHS). In response to this amendment, the Burkes filed a summary-judgment motion, arguing that the removal of gender identity language undercut the state’s original justification for denying their application.

State Defense of LGBTQ+ Protections

Despite the policy revisions and ongoing litigation, Massachusetts officials have remained firm in their position. The state asserts that the Burkes were not denied a license because of their Catholicism and that the LGBTQ+ requirements are not hostile to religious faith.

State officials argue that the requirements are designed to ensure all applicants are willing to provide a safe and supportive home for any child placed in their care. According to a state filing:

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.

Massachusetts State Filing

The state continues to insist that protecting LGBTQ+ youth from being placed with foster parents who refuse to affirm their identities is a critical component of child welfare.

Policy Shifts and Current Status

Reports indicate that Massachusetts has removed state rules that specifically required foster parents to support LGBTQ+ youth, a move attributed to lawsuits from families and threats from the Trump administration.

The Department of Children and Families has replaced the mandates to affirm specific gender identities and sexual orientations with a broader commitment to supporting the individual identities and needs of children. However, the state continues to defend its right to deny licenses to those who cannot meet these general standards of support and respect for LGBTQ+ youth.