A Christian conservative couple in Massachusetts has been denied the ability to adopt or foster children due to their religious beliefs about gender and sexuality.
The state officials perceive that "their faith is not supportive and neither are they" of LGBTQIA+ youth. The couple, Mitty and Catherine "Kitty" Burke, have taken the commonwealth to court with the help of the religious liberty group Becket.
Mike Burke, an Iraq War veteran, and his wife Kitty, a former paraprofessional for special-needs kids, are deeply involved in their church, where they perform music for mass. After struggling with infertility, they decided to open their home to a vulnerable foster child.
According to the Massachusetts Department of Children and Families, there are over 1,521 children currently without families who could benefit from stable and loving parents.
The Burkes applied to become foster parents in 2022. They underwent extensive interviews, home assessments, and completed at least 30 hours of mandatory training. Their instructor reported to the DCF that the couple had a solid understanding of how trauma can affect people, as Mike openly spoke about his PTSD as a veteran. The instructor anticipated that they would work cooperatively with the DCF throughout their adoption journey.
However, Linda-Jeanne Mack, who conducted their home interviews, focused heavily on the couple's views about sexuality. The DCF's report for the third quarter of this fiscal year showed that a majority of children in the 3-17 age group identified as either male or female, with a small percentage identifying as gender-dysphoric.
When asked about their response if their child identified as LGBTQIA+, Kitty reportedly said, "There's nothing wrong with it, I'm going to love you the same, but I believe you would need to live a chaste life." The couple made it clear that they held fast to their religious convictions.
Mack expressed concern in her report about whether the Burkes' beliefs about gender and sexuality would allow them to be supportive of LGBTQIA+ youth. She noted that their faith was not supportive, and neither were they. The social worker further stated her apprehension about recommending the Burkes as a resource family due to their views related to LGBTQIA+ individuals.
While Mack highlighted her concerns, she did not explicitly recommend barring the Burkes from fostering. However, the Licensing Review Team, under the control of the DCF, denied the couple's application. They cited the couple's statements and responses regarding LGBTQIA+ placement as the issue of concern for denying their license study. The DCF concluded that the Burkes' beliefs about LGBTQIA+ individuals prevented them from issuing a license for them to foster or adopt at that time.
The Burkes expressed their devastation upon learning of the denial. They stated, "After months of interviews and training, and after years of heartbreak, we were on the verge of finally becoming parents. ... We 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." This statement alludes to the claim made by DCF workers last year that children had been forced to sleep on bed-less office floors.
Following the denial, the Burkes requested an explanation for the ruling and a fair hearing. Upon seeing the allegedly discriminatory rationale behind the DCF's decisions, they decided to take legal action. Becket filed a federal lawsuit on behalf of the Burkes in the U.S. District Court for the District of Massachusetts.
The lawsuit aims to ensure that families like the Burkes can offer loving homes to children in need amid the state's foster care crisis. Becket argues that Massachusetts turned its policies into a ban on certain religious beliefs, which is both unconstitutional and unnecessary.
The lawsuit claims multiple violations of the Burkes' First Amendment rights, particularly the Free Exercise Clause. It highlights how the DCF's decision shows religious hostility, categorical discrimination, religious gerrymandering, and compelled speech.
The Burkes' religious exercise is substantially burdened by the denial of their application, forcing them to choose between becoming foster and adoptive parents or maintaining their religious beliefs. The suit also alleges that the DCF conditioned its approval of the Burkes' application on their willingness to affirm the department's preferred view of gender and human sexuality.
The lawsuit names Kate Walsh, secretary of the Massachusetts Executive Office of Health and Human Services, and Linda Spears, commissioner of the DCF, as defendants. In addition to seeking a court order to prevent state officials from declining to confer a foster care license upon the Burkes, the suit also seeks compensatory damages and attorney fees.
Lori Windham, Vice President and senior counsel at Becket, emphasized the importance of parents like Mike and Kitty in providing vulnerable children with loving homes through foster care. She criticized Massachusetts' actions, stating that they leave families of faith out in the cold, and questioned how they would explain this to children waiting for a home.
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