Massachusetts drops controversial gender ideology mandate for licensing foster care parents

Massachusetts officials have removed language from foster care licensing rules requiring parents to support and "affirm" the LGBTQIA+ identity of children in their care, after the requirement drew a warning from the Trump administration and a separate religious liberty lawsuit.

The gender identity mandate was challenged on First Amendment grounds in a federal lawsuit by conservative legal organization Alliance Defending Freedom (ADF). In September, federal regulators at the Administration for Children and Families (ACF) sent a letter to Massachusetts' Department of Children and Families saying the policy violated constitutional protections, and they would be investigating. 

According to a Wednesday press release from ADF, the Massachusetts agency adopted an amended policy on Friday which removes the gender identity language from its licensing agreement. 

The updated policy, 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." 

MASSACHUSETTS FOSTER PARENTS STRIPPED OF LICENSE FOR REFUSING TO SIGN TRANSGENDER POLICY

"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."

According to the legal document shared by ADF, the DCF said its decision was based on communication from the Administration for Children and Families saying the state policy violated the constitutional rights of applicants.

"DCF is promulgating this amendment on an emergency basis in order to preempt any potential escalation by ACF," the document reads."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," it adds.

ADF attorneys challenged the policy on behalf of two religious foster families, Greg and Marianelly Schrock and Nick and Audrey Jones, who foster young children and refused to sign the gender contract. The Schrocks had their license revoked in June.

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"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," Alliance Defending Freedom 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 in the blue state that was not involved in the federal lawsuit told Fox News Digital in November that they too had their licenses stripped over the previous gender identity policy.

Lydia and Heath Marvin, who had fostered eight children under age four since 2020, lost their licenses in April after unsuccessfully lobbying the state agency for religious accommodation.

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"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 Marvin previously told Fox News Digital.

Alex J. Adams, Assistant Secretary for the Administration for Children and Families at the HHS, sent the following statement to Fox News Digital:

"On the surface, Massachusetts’ action is a good first step, and we appreciate states undertaking efforts to increase their 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."