After lawsuits, Mass. drops gender ideology mandate for foster parents

Massachusetts will no longer require prospective foster parents to affirm the sexual orientation and gender identity of the children they foster, following legal challenges and criticism from religious groups.

The change comes after the conservative legal group Alliance Defending Freedom (ADF) filed a federal lawsuit in September on behalf of two Massachusetts families, who claimed the requirement conflicted with their religious beliefs, according to a Fox News report. One couple had its foster care license revoked, while the other was threatened with revocation.

That same month, federal regulators with the Administration for Children and Families (ACF) sent a letter to Massachusetts criticizing the mandate as discriminatory and a violation of the First Amendment. The agency said it would open an investigation into the matter.

On Dec. 12, the Massachusetts Department of Children and Families (DCF) updated its regulations, replacing language that required foster parents to affirm a child’s “sexual orientation and gender identity” with a requirement that they support a child’s “individual identity and needs.”

The shift comes amid a broader national debate, as states grapple with whether foster parents should be required to support children’s gender identity even when it conflicts with their personal or religious beliefs.

In a statement to GBH News, DCF Commissioner Staverne Miller said the agency’s top priority is ensuring children in foster care are placed in safe and supportive homes.

“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,” Miller said.

ADF lauded the change in a statement released Wednesday. 

“Massachusetts has told us that this new regulation will no longer exclude Christian and other religious families from foster care because of their commonly held beliefs that boys are boys and girls are girls,” said ADF Senior Counsel Johannes Widmalm-Delphonse. 

“Our clients—loving, caring foster families who have welcomed vulnerable children into their homes—as well as many other families affected by this policy, are eager to reapply for their licenses,” Widmalm-Delphonse continued. “This amendment is a step in the right direction and we commend Massachusetts officials for changing course. But this case will not end until we are positive that Massachusetts is committed to respecting religious persons and ideological diversity among foster parents.”