Catholic couple asks court for justice after state banned them from foster care Burke family back in court despite Massachusetts claiming to have changed its rules to accept religious couples

WASHINGTON – A Catholic couple from Massachusetts was in federal court today challenging the state’s decision to ban them from welcoming children into their home through foster care. In Burke v. Walsh, Mike and Kitty Burke wanted to foster and someday adopt children in need of a family. State officials refused to let the Burkes foster any children because of their religious beliefs about gender and sexuality. (Watch this video to learn more.) Massachusetts recently claimed it changed its foster care policies to allow families with traditional religious beliefs about gender and sexuality to participate—but the state is still fighting in court, claiming its decision to reject religious families was justified. Massachusetts is also asking the court to prevent the Department of Children and Families (DCF) from having to explain its new policies on the record.  

The U.S. Department of Health and Human Services (HHS) is investigating DCF for its rejection of loving families like the Burkes. Becket argues that Massachusetts must be held accountable to ensure all qualified families, regardless of faith, can help children in need. 

Mike and Kitty Burke are a Catholic couple from Massachusetts who have long wanted to become parents. Mike is an Iraq War veteran, and Kitty is a former paraprofessional for special-needs children. Together, they run a business and provide music for Mass. Mike and Kitty began exploring becoming foster parents through the state’s foster care program, hoping to care for and eventually adopt children in need of a stable, loving home. 

“We will never forget the pain that Massachusetts put us through simply for staying true to our beliefs,” said Mike and Kitty Burke. “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.” 

Massachusetts faces a severe foster care shortage. DCF does not have enough foster homes or facilities to meet the needs of the children in its custody. The crisis has become so extreme that the state has resorted to housing children in hospitals. During their application process, the Burkes underwent hours of training, extensive interviews, and an examination of their home. They completed the training successfully and received high marks from the state. However, because the Burkes said they would continue to hold to their religious beliefs about gender and human sexuality, they were denied the ability to foster.  

“Massachusetts is talking out of both sides of its mouth on foster care,” said Lori Windham, senior counsel at Becket and lead attorney for the Burkes. “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.” 

A decision is expected by the fall.  

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at [email protected] or 202-349-7219.