Non-discrimination policies are funny things; in trying to carve out special rights or privileges for one group, another group often finds itself being discriminated against. Such is the case in deep-blue Massachusetts, where, up until very recently, Christian couples who refused to sign a so-called "LGBTQIA+ Non-Discrimination Policy" were forbidden from serving as foster parents.
On Tuesday, all that changed when the Massachusetts Department of Children and Families (DCF), which oversees the state's foster program, announced it would no longer require couples to sign the policy after learning from its federal regulator that the requirement was unconstitutional.
This change of heart by the DCF comes after the Alliance Defending Freedom (ADF) filed a federal lawsuit on behalf of two Massachusetts families who were deemed ineligible to foster because, due to their Christian beliefs, they would not sign on to the state policy requiring them affirm gender ideology. Specifically, they had to agree to:
- using wrong-sex pronouns if requested;
- providing a child with “gender-affirming clothing, such as binders, packers, body shapers, bras, breast inserts, and similar items in a timely manner”;
- facilitating a child’s medical “transition” via harmful puberty blockers or cross-sex hormones;
- not voice any religious or moral beliefs that conflict with gender ideology.
When the two families refused, they had their foster licenses stripped away.
One of the couples, Lydia and Heath Marvin, had fostered eight different children in recent years and even took on the challenge of caring for a baby with complex medical needs. "Our Christian faith, it really drives us toward that. James says that true undefiled religion is to care for the fatherless," said Heath.
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The Heaths were ready to take on more children when they found out in April that DCF had stripped them of their foster license for refusing to sign the "LGBTQIA+ Non-Discrimination Policy." They appealed the decision, but were told, as Lydia recalled, "You must sign the form as is, or you will be delicensed."
That's when ADF stepped in. As of Tuesday, families like the Heaths will once again be able to foster in Massachusetts.
BIG NEWS: Massachusetts has just announced a policy change and represented that religious families like the Joneses will no longer be excluded from foster care for believing that boys can’t become girls.
— Kristen Waggoner (@KristenWaggoner) December 17, 2025
This is a major step in the right direction. We commend Massachusetts… https://t.co/YA4x0JboAW
BIG NEWS: Massachusetts has just announced a policy change and represented that religious families like the Joneses will no longer be excluded from foster care for believing that boys can’t become girls.
This is a major step in the right direction. We commend Massachusetts officials for changing course.
The case will remain open until we are confident that Massachusetts is fully committed to respecting the First Amendment and prioritizing children’s most urgent need: not gender ideology, but loving families.
As it turns out, the Massachusetts DCF had also gotten a kick in the rear from the Trump administration for its discriminatory non-discrimination policy.
"These policies and developments are deeply troubling, clearly contrary to the purpose of child welfare programs, and in direct violation of First Amendment protections," wrote Andrew Gradison, Acting Assistant Secretary for the Administration for Children and Families.
Despite celebrating the win, ADF was quick to note that they are keeping the case "open" until they're certain Massachusetts permanently stops penalizing Christian families who wish to provide temporary homes to the thousands of kids currently in the state foster system.
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