A Catholic couple is suing Massachusetts for allegedly denying them the opportunity to adopt children due to their religious beliefs on transgender procedures for children.
Mike and Kitty Burke filed suit against the Massachusetts Department of Children and Families this week, challenging its decision to deny their ability to become foster parents because they "would not be affirming to a child who identified as LGBTQIA."
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“After months of interviews and training, and after years of heartbreak, we were on the verge of finally becoming parents,” the Burkes said in a statement. “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 Burkes had struggled with infertility issues and decided to become foster parents. They are also Roman Catholic, attend church frequently, and believe "children should not undergo procedures that attempt to change their God-given sex, and they uphold Catholic beliefs about marriage and sexuality," according to the lawsuit filed by the Becket Fund for Religious Liberty.
"Their faith is not supportive and neither are they," a Massachusetts adoption official wrote, despite admitting they are "lovely people." The Burkes made clear throughout the process that "all children should be loved and supported, and they would never reject a child placed in their home," according to the filing.
The lawsuit states that the Bay State's interpretation of its regulations acts as an "absolute bar" for Catholics who follow the basic teachings of their religion.
Further, Massachusetts has been facing a shortage of foster families, housing some children in offices and hospitals while denying prospective parents like the Burkes because of their religious beliefs.
"It's really sad to see that families who would love and care for children are not able to bring those children into their home because of their religious beliefs, especially when you have this long history of religious people and religious groups going out of their way to be able to care for orphans and care for kids in need," Lori Windham, Becket vice president and senior counsel, told the Washington Examiner.
While the lawsuit alleges religious discrimination, it suggests a larger question as to whether adherence to transgender medical interventions for children is part of the screening process for parents in Massachusetts, which Windham said they may discover.
During the interview process for the Burkes, they were asked extensively about their views on "LGBTQIA++" children and gender interventions. In Kitty's individual interview, she made clear that she did not want to "condemn a child to a lifetime of doctors appointments and pain."
According to the department's write-up of the conversation, the interviewer "challenged" Kitty, making the medically dubious claim that hormone blockers are "reversible." Kitty called them "chemical castration," deciding the proper way to affirm her child would be to tell them they are "perfect physically the way they are."
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While the existence or extent of a transgender litmus test is unclear for foster care, the Massachusetts Commission on LGBTQ Youth has recommended that the state legislature expand child abuse laws to allow for the possible persecution of parents who do not allow a child to transition.
The Massachusetts Executive Office of Health and Human Services, under which the Department of Children and Families is housed, did not respond to a request for comment from the Washington Examiner.