MA Couple Loses Foster Care License Over Refusal to Sign LGBTQ+ Nondiscrimination Policy
A Massachusetts couple had their foster care license revoked in April after declining to sign a state nondiscrimination policy designed to protect LGBTQ+ youth in foster care.
Lydia and Heath Marvin, parents to three biological teenagers, had been fostering children under age four since 2020, caring for eight foster children during that time. The state's Department of Children and Families (DCF) withdrew their license when they refused to comply with agency requirements prohibiting discrimination based on sexual orientation or gender identity.
Speaking to CBS Boston, Lydia Marvin explained their position: "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."
High Rates of LGBTQ+ Youth in Foster Care
The policy addresses a significant need within the foster care system. A 2019 Children's Rights study found that over 30 percent of foster youth identify as LGBTQ+ and five percent as transgender—substantially higher than the 11.2 percent and 1.17 percent rates among youth not in foster care.
Policy Requirements
The DCF guidelines mandate 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."
Specific protections include allowing foster youth to access restrooms matching their gender identity, wear clothing and hairstyles consistent with their gender expression, and use their chosen names and pronouns.
The policy explicitly states 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," including prohibiting arrangements with "faith leaders" who attempt to change a child/youth's sexual orientation, gender identity, or gender expression."
The department also facilitates legal name and gender marker changes for youth who seek them, and supports access to "medical care and mental health services for children/youth provided in a manner that is culturally responsive and affirming," though such services are not required for a youth's identity to be respected.
Medical Consensus on Gender-Affirming Care
Major medical organizations—including the American Medical Association, American Psychiatric Association, American Academy of Pediatrics, American Academy of Child & Adolescent Psychiatry, World Medical Association, and World Health Organization—recognize gender-affirming care as evidence-based and medically necessary for both adults and minors. Research indicates that social transition and treatment for gender dysphoria reduce depression and anxiety in transgender youth.
Legal Challenge
The Marvins are considering legal action and are following a lawsuit brought by other prospective foster parents who similarly refused to sign the nondiscrimination agreement. They are represented by Alliance Defending Freedom, an organization characterized as a "Christian legal army" by its founder. The Southern Poverty Law Center has designated the group as a hate organization due to its opposition to LGBTQ+ civil rights protections.
Alliance Defending Freedom has been involved in major Supreme Court cases including Dobbs v. Jackson's Women's Health Organization (which overturned federal abortion rights), and Masterpiece Cakeshop v. Colorado and 303 Creative, Inc. v. Elenis (which permitted religious-based refusal of service to LGBTQ+ customers).
Advocate Perspective
Polly Crozier, Director of Family Advocacy at GLBTQ Legal Advocates and Defenders, emphasized the state's responsibility in a statement to CBS: "The state has an obligation to children to make sure that they're safe and well protected." She added, "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."