Couple continues legal battle after foster application was blocked over LGBT beliefs

By Samantha Kamman, Christian Post Reporter Thursday, February 05, 2026

A Catholic couple who alleges that Massachusetts officials banned them from welcoming foster children into their home due to their religious beliefs is still fighting for their rights in court, even after state foster care licensing rules were altered amid federal pressure. 

Michael and Catherine Burke say that state officials denied them the chance to foster children despite completing the training and interviews required for the application process. 

According to the couple’s lawsuit — which they filed in 2023 in the U.S. District Court for the District of Massachusetts — they were denied the right to foster a child because they “would not be affirming to a child who identified as LGBTQIA.” 

Becket Fund, the firm representing the couple, announced on Jan. 28 that the couple appeared in federal court to challenge the state’s decision. The firm, which has argued religious liberty cases before the U.S. Supreme Court, noted that the state is still fighting the Burkes in court despite claiming that it changed its foster care policies. 

“We will never forget the pain that Massachusetts put us through simply for staying true to our beliefs,” the Burkes declared in a statement shared by the law firm. “What makes it worse is that the state is still defending that decision — even while claiming it has changed its rules to welcome families like ours. We’re asking the court to put an end to this targeting and allow loving families to care for children who need homes.”

In December 2025, the Massachusetts Department of Children and Families removed language from its foster care licensing rules that required parents to affirm a child's sexual orientation and gender identity. The move followed a separate lawsuit filed by the Alliance Defending Freedom on behalf of two religious families challenging the regulation. The state agency also faced federal pressure in a September letter urging it to reverse the policy. 

“Massachusetts is talking out of both sides of its mouth on foster care,” Lori Windham, senior counsel at Becket and lead attorney for the Burkes, said.

“The Commonwealth claims that it now welcomes religious foster parents, yet it continues to defend its exclusion of the Burkes in federal court,” Windham continued. “That is hypocrisy, plain and simple. The court should put a stop to the state’s religious targeting and clear the way for loving families to help children in need.”

Becket warns that despite the policy change, the state claims that its decision to reject religious families was justified. Massachusetts has also requested the court to prevent the Department of Children and Families from having to explain its new policies, the law firm said. 

A decision in the case is expected in the fall, and the U.S. Department of Health and Human Services is investigating the Massachusetts Department of Children and Families for rejecting families like the Burkes. 

The complaint filed on the couple’s behalf notes that “DCF regulation and policy — and the Massachusetts Foster Parent Bill of Rights — all prohibit religious discrimination against potential foster parents.” 

“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 complaint continued. “The rule would extend to many Muslims, Jews, Protestant Christians, and other groups who have similar religious teachings.”

The Christian Post reached out to the U.S. Department of Health and Human Services and the Massachusetts Department of Children and Families for comment, but did not receive a response before press time. The article will be updated if a response is received. 

In a series of X posts on Jan. 28, Windham said that Becket Law argued during the recent hearing that “Massachusetts must be held accountable to ensure all qualified families, regardless of faith, can help children in need.” 

“Massachusetts is claiming to welcome religious couples into foster care while continuing to defend its exclusion of the Burkes in federal court. That’s hypocrisy — plain and simple,” the attorney stated. “We hope the court puts an end to the state’s religious discrimination.”