A Catholic couple in Massachusetts continues a legal challenge after alleging state officials barred them from fostering children because of their religious beliefs, despite recent changes to foster care licensing rules. Michael and Catherine Burke say they completed required training and interviews but were denied approval because they “would not be affirming to a child who identified as LGBTQIA,” according to their 2023 lawsuit filed in federal court.
The Becket Fund, representing the Burkes, announced January 28 that the couple appeared in court to challenge the decision, noting the state is still defending its actions even after altering its policies. The Burkes stated, “We will never forget the pain that Massachusetts put us through simply for staying true to our beliefs.”
In December 2025, the Massachusetts Department of Children and Families removed language requiring foster parents to affirm a child’s sexual orientation and gender identity, following legal and federal pressure. Becket argues the state still maintains its rejection of religious families. A decision is expected in the fall, and the U.S. Department of Health and Human Services is investigating the matter.
