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Massachusetts has removed state rules requiring that foster parents support LGBTQ+ youth in their care after lawsuits from families and threats from the Trump administration.
Massachusetts has removed state rules requiring that foster parents not discriminate against LGBTQ+ youth.
Massachusetts has removed state rules requiring that foster parents support LGBTQ+ youth in their care after lawsuits from families and threats from the Trump administration.
The state Department of Children and Families removed the policies Friday, replacing them with a general statement about parents supporting children's "individual identity and needs." The change comes in the wake of two lawsuits from families who lost or were denied their foster care licenses after refusing to sign an agreement to not discriminate against LGBTQ+ youth nor attempt to change their gender identity or sexual orientation.
“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 GBH News. “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.”
Related: Massachusetts foster parents lose license after refusing to properly care for LGBTQ+ youth
The previous DCF policies required that "employees, foster parents, interns, volunteers, and others who interact with children and families must be respectful of how individuals ask to be identified and use the terms an individual uses to describe themselves." This included allowing foster youth to use restrooms or changing facilities that align with their gender identity, allowing them to dress in clothing or style their hair in ways that align with their gender identity, and allowing them to use their names and pronouns.
The policies also explicitly mandated that "foster parents and contracted service providers do not make attempts to convince LGBTQIA+ children/youth to reject or modify their sexual orientation, gender identity, or gender expression." This included not contracting with "faith leaders who attempt to change a child/youth’s sexual orientation, gender identity, or gender expression."
The department also supported youth seeking legal name and gender changes, as well as "medical care and mental health services for children/youth provided in a manner that is culturally responsive and affirming," though none were required for their gender identity to be considered respected.
The lawsuits prompted an investigation by the Trump administration, which accused the state of violating parents' religious freedoms. Donald Trump then issued an executive order in November that allowed Secretary of Health and Human Services Robert F. Kennedy Jr. to “take appropriate action to address State and local policies and practices that inappropriately prohibit participation in federally-funded child-welfare programs by qualified individuals or organizations based upon their sincerely-held religious beliefs or moral convictions.”
Related: Anti-LGBTQ+ mom in Oregon wins right to potentially adopt LGBTQ+ kids
The lawsuit was brought by the Alliance Defending Freedom, which has been designated a hate group by the Southern Poverty Law Center. The conservative Christian legal advocacy group has been involved in several Supreme Court cases involving abortion access and LGBTQ+ rights, including Dobbs v. Jackson’s Women’s Health Organization, which overturned the right to abortion nationally. It also represented website designer Lorie Smith in the 2023 case 303 Creative, Inc. v. Elenis and baker Jack Phillips in the 2018 case Masterpiece Cakeshop v. Colorado, which affirmed the right to discriminate against LGBTQ+ people on the basis of religion.
For LGBTQ+ youth, social affirmation and access to gender-affirming care aren't "beliefs" — they're life-saving. The American Medical Association, the American Psychiatric Association, the American Academy of Pediatrics, the American Academy of Child & Adolescent Psychiatry, the World Medical Association, and the World Health Organization all agree that gender-affirming care is evidence-based and medically necessary not just for adults, but also minors. Several studies demonstrate that depression and anxiety is alleviated in youth when they socially transition and receive treatment for gender dysphoria.
Over 30 percent of youth in foster care identify as LGBTQ+ and five percent as transgender, according to a 2019 study from Children's Rights, compared to 11.2 percent and 1.17 percent of youth not in foster care.
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