A Catholic couple are suing Massachusetts after their application to become foster parents was denied over concerns they would not be ‘affirming’ to a child who identified as LGBTQ+. 

Court documents filed this week show that Catherine and her husband Michael Burke, who are devout Catholics, applied to be foster parents after experiencing ‘the heartbreak of infertility.’ 

However, their application was denied by Massachusetts Department of Children and Families in April after staff were concerned over the couple’s responses to questions regarding care for an LGBTQ+ child.

In their lawsuit the couple state that they ‘believe that children should not undergo procedures that attempt to change their God-given sex, and they uphold Catholic beliefs about marriage and sexuality.’

The couple, who both work at Catholic churches as musicians, believe their values are ‘decent and honorable’ and that the DCF’s rejection of their foster license is ‘discriminatory and unconstitutional.’

Devout Catholics Michael and Catherine Burke told the Massachusetts Department of Children and Families they would uphold their religious views on marriage and sexuality if they became foster parents

Linda Spears, the department’s commissioner is named in the couple’s discrimination lawsuit

Massachusetts Department of Children and Families in April staff were allegedly concerned over the couple’s responses to questions regarding care for an LGBTQ+ child

The DCF’s list of regulations for adopting or fostering a child, last updated in January, specifically state that foster parents must ‘promote the physical, mental, and emotional well-being of a child placed in his or her care, including supporting and respecting a child’s sexual orientation or gender identity.’

The lawsuit argues that the DCF cannot use the standards ‘to operate as a religious exclusion for potential foster parents.’

Michael, who is an Iraq war veteran with PTSD, said in a statement: ‘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.’

Becket Law, the firm representing the Burkes, said the couple became concerned during their home interviews that many of the department’s questions were centered on their Catholic views about sexual orientation and gender dysphoria.

‘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.

‘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?’ she added. 

Eleven DCF staff members were named as defendants in the lawsuit, including Linda Spears, the department’s commissioner, and Kate Walsh, the secretary of the Massachusetts Executive Office of Health and Human Services.