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Blue State Bars Christian Couple from Fostering Children Because of Religious Beliefs - Lawsuit

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A Catholic couple is suing Massachusetts state officials after allegedly being told they were unable to foster children due to their religious beliefs about marriage and sexuality, according to court documents.

Mike and Catherine “Kitty” Burke went through the process to get certified to begin fostering children in 2022 but were deemed unfit by the Massachusetts Department of Children and Families after a series of home visits, according to the documents.

The couple filed a lawsuit Tuesday with the Becket Fund for Religious Liberty arguing the state was deliberately discriminating against them because of their faith.

“After months of interviews and training, and after years of heartbreak, we were on the verge of finally becoming parents,” the Burkes said in a news release.

“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,” they said.

The Burkes had several home visits but found that most of the questions pertained to their beliefs on gender, sexuality and marriage, according to the lawsuit.

The couple said a child who identifies as LGBT would not receive less love from them, but Kitty added that she felt that they should live a “chaste life” and Mike explained that he would like to have conversations with the child about it.

The Burkes also said they believed marriage was between a man and a woman and sexual relations should remain within those boundaries, according to the lawsuit.

In addition, they said they “would not assist a medical gender transition” for their child.

Should the Burkes win their case?

After the visits, the Burkes’ application was sent to the Department of Children and Families’ Licensing Review Team, which concluded that, while the couple displayed many strengths, they should not be approved due to concerns “based on the couple’s statements/responses regarding placement of children who identified LGBTQIA,” according to the lawsuit.

The department does not have enough families available to place the children in its foster system and has resorted to holding them in hospitals, according to the Boston Globe.

“It takes the heroic effort of parents like Mike and Kitty to provide vulnerable children with loving homes through foster care,” Lori Windham, vice president and senior counsel at Becket, said in the news release. 

“Massachusetts’ actions leave the Burkes, and families of other faiths, out in the cold,” Windham said. “How can they explain this to children waiting for a home?”  

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The Massachusetts Executive Office for the Department of Health and Human Services and DCF commissioner’s office did not immediately respond to the Daily Caller News Foundation’s request for comment.

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