(OPINION) A Massachusetts couple is accusing officials in their state of discriminating against their faith and precluding them from participating in the foster care and adoption system due to their biblical beliefs.
Mike and Kitty Burke are reportedly suing Massachusetts, with Will Haun, senior counsel for Becket and an attorney working on their case, telling CBN’s Faithwire how the husband and wife found themselves at the center of a newfound legal battle.
“They experienced the heartbreak of infertility and, afterwards, they decided to become foster parents with the hope of eventually adopting children,” Haun said.
“They applied through Massachusetts. They went through 30 hours of training, lengthy interviews, home assessments, their overall family life was scrutinized and reviewed.”
But the lawyer said the couple was eventually denied based on their worldview. “Despite acknowledging many strengths with them and that they were a lovely couple who really seemed to understand foster and adoption care, ultimately, they were denied for one reason,” Haun continued.
“As the reviewer put it, ‘Their faith is not supportive, and neither are they,’ referring to whether or not they would, in Massachusetts’ words, ‘support and affirm a child’s sexual orientation or gender identity.’”
Haun said it was both unnecessary and unconstitutional to come to such a conclusion, calling the process of asking questions and inquiring about these issues “highly discretionary and selective.”
The family’s Department of Children and Families file reportedly had statements alleging their faith wouldn’t be supportive and that their regular church attendance was an issue of concern.
Haun affirmed his belief the First Amendment protects the Burkes and others from the government coming in and choosing which religious beliefs it likes and which it doesn’t.
The Free Exercise clause, Haun said, creates a situation in which “everyone gets a fair shot to participate in public life in America.” Yet the lawyer alleges these rights weren’t protected when the family was being screened for the foster care process.
“It was very clear also as well from the Burkes in interactions with the state, that an inordinate amount of time was spent on how the Burkes practice their faith,” Haun said.
He also noted the family purportedly responded to questions about these issues by stating they would love any child in their home and would see him or her as “made in God’s image and likeness.”
Haun said the issue facing the Burkes is a “national problem.” And such purported restrictions come when kids are in massive need in Massachusetts and other areas, with many foster children without a home.
