Mass. Couple Sues State After Being Denied as Foster Parents Over Religious Beliefs

Adam Devine

A Catholic couple, Mike and Catherine “Kitty” Burke, has initiated legal action against Massachusetts state officials, alleging that they were denied the opportunity to foster children due to their religious beliefs about marriage and sexuality. According to court documents, the Burkes underwent the certification process to become foster parents in 2022. However, they claim they were deemed unsuitable by the Massachusetts Department of Children and Families (DCF) after a series of home visits. The couple filed a lawsuit through the Becket Fund for Religious Liberty, asserting that the state was deliberately discriminating against them based on their faith.

In a press release, the Burkes expressed their disappointment: “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.”

The lawsuit contends that during home visits, the majority of questions posed to the Burkes centered around their views on gender, sexuality, and marriage. Although the couple stated that they would provide equal love to children of any sexual orientation, they also held beliefs aligned with their Catholic faith, such as advocating for chaste living and adhering to traditional marriage norms.


The Burkes asserted that their understanding of marriage was confined to the union between a man and a woman, and they held reservations about supporting gender transition medical procedures. Subsequently, after the home visits, the DCF’s Licensing Review Team recommended against approving the Burkes’ application, citing concerns related to their responses regarding LGBTQIA-identified children.

Massachusetts is reported to be grappling with a shortage of available families to place children in its foster system, leading to children being kept in hospitals.

Lori Windham, Vice President and Senior Counsel at Becket, highlighted the vital role of foster parents in providing loving homes to vulnerable children. She criticized Massachusetts’ actions, which she believes leave families like the Burkes, and others of differing faiths, in a challenging position and potentially leave waiting children without homes.

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