BOSTON, MA- A controversial rule in what used to be called “the Cradle of Liberty,” which mandated foster parents to “affirm” the so-called “identity” of children in their care, has been quashed, after Massachusetts officials removed language from licensing rules that imposed that requirement.
Fox News Digital reports that the Alliance Defending Freedom (ADF), a conservative legal organization, challenged the rule on First Amendment grounds in a federal lawsuit, arguing the rule violates freedom of religion. In September, the Administration for Children and Families (ACF) sent a letter to the Massachusetts Department of Children and Families (DCF) notifying the agency that the policy violated constitutional protections, and they would investigate.
In a Wednesday press release, Mass DCF issued amended policy language that removes the gender identity language from its licensing agreement. The updated policy, which is effective immediately, now requires foster parent applicants to support the “individual identity and needs” of a child rather than their “sexual orientation and gender identity.”
“The Department of Children and Families’ top priority is providing a safe and supportive home for all children in foster care,” DCF Commissioner Staverne Miller told Fox News Digital 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.”
A legal document shared by ADF quoted DCF as saying its decision was based on communication from the ACF notifying the agency that the state policy violated the constitutional rights of applicants.
“DCF is promulgating this amendment on an emergency basis to preempt any potential escalation by ACF,” the document states. “These amendments address ACF’s concerns, while continuing to meet DCF’s needs for foster homes that support the identity and needs of the children in its custody.”
News of the decision was not applauded by LGBTQ Nation, which claimed Alliance Defending Freedom is a “right-wing hate group.”
“The change came about after the right-wing hate group Alliance Defending Freedom (ADF) sued on behalf of two religious foster families who refused to commit to providing affirming homes,” the outlet wrote.
Apparently, the United States Constitution trumps woke ideology.
In response to the rule change, Polly Crozier, director of family advocacy at LGBTQ+ civil rights organization GLAD Law, complained that she has been “troubled all along by the litigation and by what I see as really a deflection away—of our state resources, of our focus—on where they should be, which is on children and families.”
“Nothing about the change distracts from the fact that the state remains responsible for the safety and well-being of every child in this care—and that includes LGZBTQ children,” she said.
ADF threatened the lawsuit based on a complaint from two religious foster families, Greg and Marianelly Schrock and Nick and Audrey Jones, who foster young children, but who refused to sign the gender contract. The Schrocks had their license revoked in June.
“Massachusetts 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,” ADF senior counsel Johannes Widmalm Delphonse said in the Wednesday announcement.
“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,” he added. “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.”
Another foster care couple that was not involved in the federal lawsuit told Fox News Digital in November that they had their licenses pulled over the previous gender identity policy.
They had applied for religious accommodation, however Lydia and Heath Marvin, who had fostered eight children under age four since 2020, lost their licenses in April.
“We would absolutely love, care for, and support any child in our home, but this was asking us to go against our Christian faith,” Lydia previously told Fox News Digital.
In a statement provided to Fox News Digital, Alex J. Adams, assistant secretary for the Administration for Children and Families at HHS, said:
“On the surface, Massachusetts’ action is a good first step, and we appreciate the state’s undertaking efforts to increase its ratio of foster homes relative to the number of foster kids,” he said. “However, it remains to be seen if this language shift will actually change state practice around how foster families are licensed. ACF looks forward to diligent follow-up to ensure the red carpet is rolled out to all foster families.”
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