A Massachusetts Catholic couple denied a foster care license in 2023 because of their religious beliefs on gender and sexuality is continuing their federal lawsuit against the state, even though the state revised the licensing rules in December 2025 to remove the requirement that prospective parents affirm a child's sexual orientation and gender identity, according to a report from The Christian Post. 

Michael and Catherine Burke’s denial stemmed from the old policy, under which state officials rejected their application after they said they "would not be affirming to a child who identified as LGBTQIA," according to their lawsuit filed that year in U.S. District Court for the District of Massachusetts.

The Burkes, represented by the religious liberty firm Becket Law, appeared in federal court on Jan. 28 to press their challenge, Becket announced. The state changed its foster care licensing regulations late last year amid separate lawsuits from other religious families and federal pressure, replacing specific language about affirming "sexual orientation and gender identity" with a broader requirement to support a child's "individual identity and needs." 

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Despite the policy revision — which the state presented as opening the door to families with traditional religious views — Massachusetts continues to defend its original denial of the Burkes in court and argues the rejection was justified under the rules in place at the time, according to Becket.

"We will never forget the pain that Massachusetts put us through simply for staying true to our beliefs,” the couple said in a statement provided by Becket. “What makes it worse is that the state is still defending that decision — even while claiming it has changed its rules to welcome families like ours. We’re asking the court to put an end to this targeting and allow loving families to care for children who need homes.”

Lori Windham, senior counsel at Becket and lead attorney for the Burkes, described the state's position as inconsistent. 

"Massachusetts is talking out of both sides of its mouth on foster care," Windham said. "The Commonwealth claims that it now welcomes religious foster parents, yet it continues to defend its exclusion of the Burkes in federal court. That is hypocrisy, plain and simple. The court should put a stop to the state’s religious targeting and clear the way for loving families to help children in need."

According to Beckett, Massachusetts continues to defend the original denial in court and has sought to avoid explaining the new policies on the record. The firm argues the initial rejection violated protections against religious discrimination under state law and the Massachusetts Foster Parent Bill of Rights.

The lawsuit claims the Department of Children and Families’ (DCF) actions could bar many families with similar religious views — including Muslims, Jews, Protestant Christians, and others — from fostering or adopting through the state's system.

A ruling in the case is expected this fall. The U.S. Department of Health and Human Services is also investigating DCF's handling of such applications.