Massachusetts Defends Decision to Prohibit Christian Couple From Adopting Kids

At the same time, the U.S. Department of Health and Human Services (HHS) continues to investigate the Massachusetts Department of Children and Families (DCF) for its rejection of qualified, loving families like the Burkes.

“After three long years, we thought Massachusetts was ready to welcome loving families of all types, including ours. Its actions, unfortunately, reveal its true colors,” said Mike and Kitty Burke. “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.”

In its latest filing, Massachusetts continues to defend shutting out the Burkes by insisting its LGBTQ+ policy “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.”

In other words, the state is still arguing that even qualified foster parents like the Burkes may be legally barred just because they have traditional religious beliefs. Massachusetts claims that only this kind of across-the-board exclusion can protect children from “the harmful effects of non-supportive home environments” and ensure children receive “supportive care in a stable environment.” Massachusetts further requests that the court block the Department of Children and Families (DCF) from having to explain its revised policies on the record. Becket also filed a brief on Friday, arguing that Massachusetts must be held accountable to ensure that all qualified families, regardless of faith, can serve children in need.

“The state that brought us the Salem witch trials is still hunting for people with the wrong beliefs,” said Lori Windham, senior counsel at Becket and lead attorney for the Burkes. “It loudly champions diversity and inclusion—except for religious beliefs it doesn’t like.  We are asking the court to stop it, hold the state accountable, and ensure that children aren’t cut off from loving families because of ideological purity tests.”

A decision by the court is expected by the fall.