Massachusetts has rescinded a foster-parent licensing provision that required applicants to affirm a child's LGBTQIA+ identity after a federal agency warned the policy likely raised constitutional issues and launched an inquiry. The DCF issued an emergency amendment replacing specific references to "sexual orientation and gender identity" with a requirement to support a child’s "individual identity and needs." A conservative legal group sued on behalf of religious foster families who said they lost licenses under the prior rule; federal officials say they will monitor implementation.
Massachusetts Repeals Foster-Parent Gender-Identity Requirement After Federal Warning and Lawsuit
Massachusetts drops its gender identity mandate for foster care parents after a federal warning and a religious liberty lawsuit.
Massachusetts has removed language from its foster-parent licensing rules that required applicants to explicitly support and "affirm" a child’s LGBTQIA+ identity. The Department of Children and Families (DCF) issued an emergency amendment that replaces the previous phrasing about "sexual orientation and gender identity" with a broader requirement to support a child’s "individual identity and needs."
The change follows a September letter from the federal Administration for Children and Families (ACF), which warned the state that the policy raised constitutional concerns and said it would investigate. The revision also comes after a federal lawsuit filed by the conservative legal group Alliance Defending Freedom (ADF) on First Amendment grounds on behalf of two religious foster families.
ADF attorneys represented Greg and Marianelly Schrock and Nick and Audrey Jones, who said they could not sign the earlier gender-identity agreement; the Schrocks had their license revoked in June. Other foster parents, including Lydia and Heath Marvin, have also reported losing licenses after requesting religious accommodations under the previous policy.
Nick and Audrey Jones are two foster parents who sued Massachusetts over its "gender-affirming" policy for foster care licensing.
In legal filings shared by ADF, DCF said the amendment was adopted "on an emergency basis" in response to communications from ACF indicating the earlier language likely infringed applicants' constitutional rights. The agency said the changes aim to address ACF's concerns while still ensuring children in care have foster homes that support their identities and needs.
DCF Commissioner Staverne Miller: "The Department of Children and Families’ top priority is providing a safe and supportive home for all children in foster care. 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."
ADF senior counsel Johannes Widmalm-Delphonse praised the decision as preventing the exclusion of religious families and said affected families are eager to reapply, but he noted the group will continue the legal matter until it is confident the state will respect religious and ideological diversity among foster parents.
Alex J. Adams, Assistant Secretary for the Administration for Children and Families at HHS, called the language change "a good first step" and said ACF will monitor whether the revision actually changes licensing practice so that access is available to all prospective foster families.
What Happens Next
The amended rule took effect immediately. Families who had their licenses revoked or who declined to sign the prior agreement may seek to reapply. Federal officials will follow up to confirm the change in wording produces corresponding changes in how foster families are evaluated and approved.
