Massachusetts Foster Care Crisis: Christian Families Sidelined by State Gender Policy, Sparking Lawsuit and Federal Scrutiny

 


Woburn, Massachusetts – October 12, 2025 – In a quiet suburb north of Boston, the Marvin family home once echoed with the laughter and cries of young foster children in need. Heath and Lydia Marvin, devout Christians with three teenage biological children, opened their doors to eight infants and toddlers since 2020, providing stability during some of the most vulnerable moments of those kids' lives. Their most recent placement was a baby girl born deaf, exposed to harmful substances in utero, and battling a rare genetic disorder. For 15 months, the Marvins navigated endless doctor's appointments, therapies, and sleepless nights, all while integrating her into their family routine.

"Our Christian faith, it really drives us toward that," Heath Marvin, 45, a software engineer, told reporters last week. "James says that true undefiled religion is to care for the fatherless." Lydia, 43, a part-time homeschool coordinator, nodded in agreement, her voice steady but laced with grief. "We saw fostering as a calling – a way to live out our beliefs by loving the least of these."

But in April 2025, that calling was abruptly silenced. The Massachusetts Department of Children and Families (DCF) revoked the couple's foster care license, citing their refusal to sign a mandatory LGBTQIA+ Non-Discrimination Policy. The policy, updated in 2023 and rooted in a 2022 DCF directive, requires foster parents to "support, respect, and affirm the foster child's sexual orientation, gender identity, and gender expression." Failure to comply means delicensing – no exceptions, no appeals beyond a perfunctory hearing.

The Marvins aren't alone in their stand. Their story has ignited a broader firestorm, exposing deep fault lines in Massachusetts' child welfare system. With thousands of children languishing in foster care – over 10,000 as of last count, many in overcrowded group homes plagued by abuse scandals – the state faces accusations of prioritizing ideological conformity over child safety. A federal lawsuit filed in September 2025 by the Massachusetts Family Institute (MFI) and the Alliance Defending Freedom (ADF) on behalf of two other Christian families alleges the policy violates the First Amendment by compelling speech and burdening religious exercise. Last week, the Trump administration amplified the outcry, sending a stern letter to DCF warning that the policy is "deeply troubling" and could jeopardize billions in federal funding.

At the heart of the dispute is a six-page Foster Parent Agreement that all licensed families must renew annually. It explicitly mandates using a child's preferred name and pronouns, providing "gender-affirming clothing" like binders or packers, and supporting "gender-affirming care" – which can include social transitions or, in some cases, medical interventions like hormone therapy – when recommended by professionals. The agreement also prohibits foster parents from "impos[ing] personal, cultural, and/or religious beliefs" on children or attempting to "convince LGBTQIA+ children/youth to reject or modify their sexual orientation, gender identity, or gender expression."

For the Marvins, this crossed a sacred line. "We asked, is there any sort of accommodation? Can you waive this at all?" Lydia recounted during an interview at their Woburn home, surrounded by photos of past foster placements. "We will absolutely love and support and care for any child in our home, but we simply can't agree to go against our Christian faith in this area." Their appeal was denied in June, with DCF upholding the revocation despite glowing reviews from social workers who praised the family's nurturing environment.

Heath, flipping through a binder of medical records from their last placement, added, "We've been flexible before – declining a child with severe aggression issues or one whose needs didn't match our setup. DCF always accommodated. But here? 'Sign as is or you're out.' It's like our faith makes us unfit overnight."

Massachusetts' foster system is in dire straits, making the Marvins' ouster all the more jarring. The state ranks 13th worst nationally for foster care services, per a 2024 Annie E. Casey Foundation report, with chronic shortages forcing children into emergency placements like hotel rooms or social workers' cars. In 2023, DCF settled a class-action lawsuit for $5 million after revelations of systemic abuse in group homes, including physical assaults and sexual exploitation. Yet, as demand surges – fueled by opioid crises and family breakdowns – the agency is disqualifying experienced providers like the Marvins.

The federal lawsuit, Jones v. Mahaniah, spotlights two other families caught in the policy's web. Nick and Audrey Jones of Northborough, who have fostered over a dozen children since 2018, including two under age 4 this summer, face license non-renewal in July 2025. Their current placement: a 17-month-old girl they've raised since infancy, unaffected by gender identity issues but now at risk of removal solely due to the parents' beliefs. "DCF is even willing to traumatize this baby further by yanking her from the only home she's known," said ADF attorney Johannes Widmalm-Delphonse.

The Schrocks, licensed from 2019 to 2025, cared for 28 children, many with special needs. Their license was discontinued in June 2025 for the same reason: refusal to affirm what they view as conflicting with biblical teachings on gender as immutable. "Every child deserves a loving home," the lawsuit argues. "Children suffer when the government excludes people of faith from foster care."

Sam Whiting, an MFI attorney, framed the case as a dual assault on rights. "There's a speech component – forcing parents to utter affirmations they don't believe – and a religious liberty component, punishing faith-based views on human sexuality." The complaint seeks an injunction to halt enforcement, arguing DCF's blanket policy ignores its own regulations allowing exemptions for various placements. It also notes that Christians are twice as likely to foster or adopt as the general population, and faith communities often drive recruitment efforts. Disqualifying them could slash placements by over 50%, per MFI estimates.

The Trump administration's intervention last week escalated the stakes. Andrew Gradison, Acting Assistant Secretary for the Administration for Children and Families (ACF), penned a letter to DCF Commissioner Linda Spears, referencing the Marvins by name. "These policies and developments are deeply troubling, clearly contrary to the purpose of child welfare programs, and in direct violation of First Amendment protections," Gradison wrote. He announced a formal investigation, hinting at risks to Massachusetts' $12.8 billion in annual federal child welfare funding – dollars that support stipends, training, and placements. Similar letters went to Oregon, whose policy was recently deemed unconstitutional by a federal appeals court.

"States have an obligation to promote the best interests of children in foster care," Widmalm-Delphonse responded. "But despite the commonwealth's ongoing placement crisis, Massachusetts is discriminating against religious families because of their faith-based convictions about sex and gender." The letter aligns with President Trump's May 2025 proclamation for National Foster Care Month, which lauded faith-based providers for their "selfless compassion" in keeping families intact.

LGBTQ+ advocates counter that the policy is a vital safeguard. Polly Crozier, Director of Family Advocacy at GLBTQ Legal Advocates & Defenders (GLAD), emphasized the state's duty to protect vulnerable youth. "The state has an obligation to children to make sure that they're safe and well protected," Crozier said. "And foster parents, they're not parents. Foster parents are temporary. They're a stop-gap to make sure children can safely go back to their families of origin."

Data underscores the need: A 2024 Massachusetts Commission on LGBTQ Youth report estimates 30% of foster children identify as LGBTQ+, mirroring trends in California and New York, though DCF's tracking is spotty. Affirmation policies, Crozier argued, reduce suicide risks – citing studies showing transgender youth in supportive environments face 40% lower odds of attempting self-harm. Foster parents receive monthly stipends averaging $700-$1,000 per child, plus reimbursements for medical needs, but advocates insist ideological alignment ensures "inclusive and respectful" care.

Critics like the Marvins see this as overreach. "We'd never harm a child or reject them," Lydia insisted. "But affirming confusion as truth? That's not love – it's enabling harm." Their social worker, in a supportive appeal letter, echoed flexibility pleas: "The Marvins have been exemplary... This policy risks alienating church-affiliated offices that supply many of our families."

This isn't Massachusetts' first brush with such controversies. In 2023, Catholic couple Mike and Kitty Burke sued DCF after their application was denied for holding traditional views on marriage and gender – views shared by many Muslims, Jews, and Protestants. DCF records cited their faith as "not supportive" of LGBTQIA+ youth, violating state anti-discrimination laws. Similar cases in Washington (2020) and Oregon (2024) have struck down comparable rules as unconstitutional.

As Jones v. Mahaniah heads to federal court – with DCF yet to respond – the Marvins ponder next steps. "We're exploring everything," Heath said, glancing at his teens, who helped with foster siblings. "But watching kids suffer in the system? That's the real tragedy."

The case could reshape foster care nationwide, balancing child protection with constitutional freedoms. For now, in Woburn, a home built for healing stands empty, a stark reminder of policies that divide rather than unite. As Gradison warned, "No child is better off when hyper-partisan policies are placed above permanency and what is best for the child." In a state desperate for homes, the question lingers: Who truly serves the fatherless?

Jokpeme Joseph Omode

Jokpeme Joseph Omode is the founder and editor-in-chief of Alexa News Nigeria (Alexa.ng), where he leads with vision, integrity, and a passion for impactful storytelling. With years of experience in journalism and media leadership, Joseph has positioned Alexa News Nigeria as a trusted platform for credible and timely reporting. He oversees the editorial strategy, guiding a dynamic team of reporters and content creators to deliver stories that inform, empower, and inspire. His leadership emphasizes accuracy, fairness, and innovation, ensuring that the platform thrives in today’s fast-changing digital landscape. Under his direction, Alexa News Nigeria has become a strong voice on governance, education, youth empowerment, entrepreneurship, and sustainable development. Joseph is deeply committed to using journalism as a tool for accountability and progress, while also mentoring young journalists and nurturing new talent. Through his work, he continues to strengthen public trust and amplify voices that shape a better future. Joseph Omode is a multifaceted professional with over a decade years of diverse experience spanning media, brand strategy and development.

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