(The Lion)–Massachusetts officials have retreated from a foster care licensing rule blocking some Christian families from serving as foster parents after federal regulators warned the policy raised constitutional concerns.
The Department of Children and Families (DCF) revised its foster parent licensing agreement to remove language requiring applicants to support and affirm a child’s sexual orientation and so-called gender identity. Under the updated policy, foster parents are now instructed to support the “individual identity and needs” of children placed in their care.
The change followed a federal warning from the U.S. Administration for Children and Families and a lawsuit filed by Alliance Defending Freedom and the Massachusetts Liberty Legal Center. The legal challenge argued the mandate violated the First Amendment by forcing religious foster parents to endorse beliefs contrary to their faith.
DCF adopted the revised policy on an emergency basis last week. Federal officials had previously warned state leaders the rule raised serious constitutional issues and could lead to a formal investigation.
The mandate drew national attention after several Massachusetts families said they lost their foster care licenses for refusing to sign the agreement. Greg and Marianelly Schrock said their license was revoked in June after they declined to comply. Nick and Audrey Jones also said they were impacted by the policy.
Another couple, Heath and Lydia Marvin, said the state revoked their license earlier this year after they requested religious accommodations. The Marvins said they had fostered eight children under the age of 4 since 2020 before losing their certification.
State officials said the revised policy keeps the agency focused on child welfare while acknowledging religious liberty concerns. DCF Commissioner Staverne Miller said the agency’s mission includes protecting both children and religious liberty.
“The Department of Children and Families’ top priority is providing a safe and supportive home for all children in foster care,” Miller said in a statement. “We are also committed to ensuring that no one is prevented from applying or reapplying to be a foster parent because of their religious beliefs.”
Republican gubernatorial candidate Mike Kennealy praised the decision and said, given the shortage of foster families nationwide, the state should expand opportunities for families willing to open their homes.
“This is a good thing,” Kennealy said. “We should be doing everything in our power to ensure foster children have a loving, supportive home where kids can be kids and get adopted. Not create barriers based on religious affiliation.”
