Catholic Couple Sues MA Government for Banning Them From Fostering Children
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The dome of the Basilica of the National Shrine of the Immaculate Conception in Washington, DC on Easter Sunday, April 12, 2020. Catholic couple Mike and Catherine Burke sued the Massachusetts government on August 8, 2023, for banning them from becoming foster parents because of their religious beliefs.

Catholic couple Mike and Catherine Burke are suing the Massachusetts state government for banning them from participating in the state foster care system due to their religious beliefs, including their reservations about same-sex marriage and LGBT+ ideology.

In a lawsuit filed by the couple with the help of religious liberty group Becket Law Tuesday (August 8), they specifically claimed the state restricted them from fostering children in the state due to their adherence to Catholic teachings on gender, sexuality, and marriage.

"After months of interviews and training, and after years of heartbreak, we were on the verge of finally becoming parents," the couple said in a statement. "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."

The lawsuit further claimed the state listed only one reason for denying the Burkes' foster application, that they "would not be affirming to a child who identified as LGBTQIA." It said the couple, as "faithful Catholics," believed all children should be loved and supported, and that they would "never reject a child placed in their home." The couple also believed children "should not undergo procedures that attempt to change their God-given sex."

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Burke vs. Walsh

The lawsuit specified Massachusetts Health and Human Services Secretary Kate Walsh, and Massachusetts Department of Children & Families Commissioner Linda Spears as defendants. It also included a copy of the letter the Burkes received notifying them their application to become foster parents was denied.

The lawsuit sought to prohibit Massachusetts from using LGBT+ accommodations to decline to issue foster licenses to religious applicants. It further sought for the Burkes' application to be granted and that they receive "nominal and compensatory damages" from the defendants.

Fox News, who first reported on this matter, attempted to reach out to the Massachusetts Health and Human Services and Massachusetts Department of Children & Families for comment, but neither immediately responded to their queries.

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