Foster freedom

In an about-face, Massachu­setts state officials adopted a policy change late last year that removes a gender ideology mandate from foster care licensing.

Two religious families, aided by Alliance Defending Freedom, filed a federal lawsuit in September 2025 that challenged a state policy excluding them from fostering children because of their beliefs about sexuality—specifically, that “boys are boys and girls are girls.”

Nick and Audrey Jones and Greg and Marianelly Schrock had long been licensed to foster by the state, and together provided homes to over 35 foster children. Yet the state threatened their licenses because they would not affirm a gender identity policy that required them to “promote,” “support,” and “affirm” a hypothetical child’s gender identity or gender expression—a violation of their religious convictions.

ADF attorney Johannes Widmalm-Delphonse hopes the state will abide by its assurances that the two couples can continue to foster while staying true to their religious convictions. But he says they won’t dismiss their lawsuit until the couples’ foster care licenses are approved.

That’s because under the amended policy, foster parents still must agree to support a child’s “individual identity and needs.” Widmalm-Delphonse explained in an interview with WORLD, it’s unclear how state officials will interpret that language.

“Do you have to do things that go against your conscience if you’re a Christian, or is it just love and respect children equally?” he asked. He also questioned whether individual needs of a child should be considered at the matching stage, rather than excluding a category of parents like his clients upfront. “Our hope is that Massachusetts pursues a big tent strategy, invites all loving families into the system, and respects religious diversity.”

Massachusetts’ turnaround comes after a federal appeals court panel in July 2025 ruled that a similar Oregon policy burdened single mom Jessica Bates’ speech and forced her to express views against her religious beliefs as a condition of fostering or adopting a child. Bates is currently pursuing licensure while the full appeals court considers whether to revisit the panel’s ruling.

States have other ways of excluding parents with Biblical beliefs about sex and gender from the fostering process without wholesale exclusion. After Jennifer and Shane DeGross filed a lawsuit against a similar Washington state policy in March 2024, the state also backtracked, granting the couple a religious waiver. But as Widmalm-Delphonse explained, the state imposed restrictions that unfairly targeted religious people, precluding them from caring for children older than 5, from adopting, and from receiving emergency placements.

A Nov. 13 executive order issued by President Donald Trump directs the secretary of Health and Human Services to take action against policies that “prohibit participation in federally-funded child-welfare programs by qualified individuals or organizations based upon their sincerely-held religious beliefs or moral convictions.” It backs up letters an Administration for Children and Families spokesperson told WORLD the agency sent to 13 states late last year warning them about qualifying foster family licensure on affirming a hypothetical child’s gender identity.

Widmalm-Delphonse hopes the tide has turned for religious parents. “You don’t have to agree with our client’s beliefs to see that there are other ways to go about addressing this issue in a way that maximizes the opportunities for children to find loving homes by making sure that every loving family is invited into the system.”