Catholic couple sue Massachusetts for blocking foster application over religious beliefs
A devout Catholic couple has sued Massachusetts officials for allegedly refusing to let the family foster a child because of their religious objection to homosexuality and gender ideology.
Michael and Catherine Burke filed a suit on Tuesday in the United States District Court for the District of Massachusetts in response to their application to become foster parents reportedly being denied due to their religious beliefs.
Defendants named in the complaint include Kate Walsh, secretary of the Massachusetts Executive Office of Health and Human Service; Linda Spears, commissioner of the Massachusetts Department of Children & Families; Laurie Sullivan, area director of the Western Regional Office of the MDCF, and other MDCF officials.
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According to the lawsuit, the Burkes were denied the right to foster a child because they “would not be affirming to a child who identified as LGBTQIA.”
“DCF regulation and policy—and the Massachusetts Foster Parent Bill of Rights—all prohibit religious discrimination against potential foster parents,” stated the complaint.
“DCF’s religious discrimination means that any Massachusetts family with similar religious beliefs on human sexuality will be banned from ever fostering or adopting children through Massachusetts’ child welfare system. The rule would extend to many Muslims, Jews, Protestant Christians, and other groups who have similar religious teachings.”
The Burkes are being represented by Becket Law, a law firm that has successfully argued religious liberty cases before the U.S. Supreme Court.
“It takes the heroic effort of parents like Mike and Kitty to provide vulnerable children with loving homes through foster care,” said Lori Windham, vice president and senior counsel at Becket, in a statement shared with The Christian Post.
“Massachusetts’ actions leave the Burkes, and families of other faiths, out in the cold. How can they explain this to children waiting for a home?”
The Christian Post reached out to the Massachusetts Executive Office of Health and Human Service and the Massachusetts Department of Children & Families. However, neither responded by press time.
In June 2021, the Supreme Court ruled unanimously in Fulton v. City of Philadelphia, that the Pennsylvania city could not lawfully quit working with Catholic Social Services of the Archdiocese of Philadelphia for refusing on religious grounds to place children with same-sex couples.
“Government fails to act neutrally when it proceeds in a manner intolerant of religious beliefs or restricts practices because of their religious nature,” wrote Chief Justice John Roberts for the court opinion.
“The refusal of Philadelphia to contract with CSS for the provision of foster care services unless it agrees to certify same-sex couples as foster parents cannot survive strict scrutiny, and violates the First Amendment.”
