Fighting the ban, Mike and Catherine "Kitty" Burke (pictured) turned to liberty group Becket Law who have filed a federal lawsuit on their behalf.

The lawsuit seeks to prohibit Massachusetts from using LGBTQ accommodations to decline issuing foster care licences to religious applicants.

It also asks for the Burkes' application to be granted and for them to receive "nominal and compensatory damages" from the defendants.

Catholic beliefs and the State

The lawsuit specifically claims the State of Massachusetts restricted the Catholic couple from fostering children in the State. This decision was based on the Burkes' adherence to Catholic teachings on gender, sexuality and marriage.

"After months of interviews and training, and after years of heartbreak, we were on the verge of finally becoming parents," the Burkes say.

"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 lawsuit claims the State listed only one reason for denying the Burkes' foster care application: they "would not be affirming to a child who identified as LGBTQIA."

The lawsuit goes on to say: "As faithful Catholics, the Burkes believe that all children should be loved and supported, and they would never reject a child placed in their home.

"They also believe that children should not undergo procedures that attempt to change their God-given sex, and they uphold Catholic beliefs about marriage and sexuality."

The lawsuit names several defendants, including the Massachusetts Health and Human Services Secretary and the Commissioner of the Massachusetts Department of Children & Families.

It also includes a copy of the State's letter telling the Catholic couple their application to be foster parents had been denied.

The letter says to be licensed as a foster/adoptive parent, applicants must demonstrate their ability "to the satisfaction of the Department".

Quoting the State regulations for Standards for Licensure as a Foster/Pre-adoptive Parent, the letter reads:

"(d) to promote the physical, mental and emotional well-being of a child placed in his or her care, including supporting and respecting a child's sexual orientation or gender identity

"(e) to respect and make efforts to support the integrity of a child's racial, ethnic, linguistic, cultural and religious background"

The CF Foster Child Bill of Rights also says every child "shall be treated with respect by DCF staff, foster parents and providers without regard to race, ethnicity, sexual orientation, gender identity, religion and/or disability".

The Massachusetts Health and Human Services and the Massachusetts Department of Children & Families have not responded to requests for comment.

Source

• Fox News

Plaintiff Sharonell Fulton says she is overjoyed with the decision.

"My faith is what drives me to care for foster children here in Philadelphia and I thank God the Supreme Court believes that's a good thing", she said.

Catholic Social Services is a Philadelphia city-funded foster and adoption agency.

Given the funding the city provides, Philadelphia City argued that the agency had no right to refuse to certify same-sex couples as foster parents because of its Catholic beliefs on marriage.

The Catholic policy constituted discrimination and violated the City's nondiscrimination ordinance, the City said in 2018, when the issue arose.

It went on to say it would no longer work with the Catholic Social Services. As the City oversees all foster care placements, the agency's work drastically diminished as the case proceeded in the courts.

Catholic Social Services and two foster parents — one named Sharonell Fulton (pictured) — sued the city, claiming the free exercise clause in the First Amendment gives the agency the right to opt out of the nondiscrimination requirement.

The Fulton v. Philadelphia lawsuit argued that the City's policy violated their free exercise of religion when it stopped contracting with them in 2018.

The Court's unanimous ruling in favour of Catholic Social Services' free exercise clause overturned a lower court and a federal circuit court ruling in the City's favour.

The new decision is being seen as a victory for religious freedom in the United States.

The court did not, however, establish a general right for religious organizations to violate nondiscrimination laws.

It ruled more narrowly.

It said since a section in the city's nondiscrimination policy allowed exceptions to the nondiscrimination policy at the city commissioner's discretion (though none has ever been granted), it must also do so for Catholic Social Services' sincerely held religious beliefs.

Philadelphia's Archbishop Nelson Pérez says the ruling is a victory for at-risk children.

The Catholic Church in Philadelphia has steadfastly served the city for 200 years. It is looking forward to partnering with the City and continuing to provide "the temporal and spiritual needs of all — now and for the long term," Pérez says.

In his view, the Court's ruling protects "our enshrined right to religious freedom and celebrates the rich diversity of religious beliefs in the United States.

"Religious ministries cannot be forced to abandon their beliefs as the price for ministering to those in need. We can all live and work peacefully, side-by-side, to create a better and brighter future for all of our children."

Gay rights groups are interpreting the ruling as another defeat for LGBTQ equality. A study by the Williams Institute at UCLA shows same-sex couples raising children were approximately seven times more likely than heterosexual couples raising children to have an adopted or foster child.

"This ruling will certainly impact foster care and adoption services immediately and perpetuate some pretty horrific myths in the culture — doubting our ability to provide effective parenting," says a lesbian foster parent.

But a leading scholar of religious liberty says as the ruling pointed out, there are more than 20 foster care agencies in Philadelphia, many catering for LGBTQ couples.

Source

• Catholic News Agency
• Catholic News Service
• Religion News Service
• Image: Philadelphia Inquirer