Jones v. Mahaniah is a Blatant Attempt to Safeguard Anti-LGBTQ+ Discrimination and Abuse

The Massachusetts Transgender Political Coalition (MTPC) is dismayed at yet another attempt to weaponize faith and religious beliefs against transgender and nonbinary people in Massachusetts in Jones v. Mahaniah, a case filed in the U.S. District Court for Massachusetts. This is a blatant attempt to use the court system to oppose the rights and safety of transgender and nonbinary youth in our Commonwealth, and safeguard the discriminatory and abusive practices of anti-transgender individuals and groups in this state.

First and foremost, we repudiate the claim that this policy discriminates against anyone based on their faith. Being a Christian does not automatically mean that someone is opposed to supporting, affirming, and including queer and trans people. We know from our long history of working alongside faith leaders and congregations in the Commonwealth that this is patently false. This is exemplified by MTPC's MA Trans Interfaith Network which works to uplift and support clergy, congregations, and laypeople who seek to affirm, include, and protect LGBTQ+ people in their communities, including many Christian congregations and clergy members.

This policy does not discriminate against any individuals or families because of their religion: it only bars them from enacting discriminatory and abusive behaviors against foster children who they have agreed to provide a temporary home. If they believe these agreements, policies, and expected behaviors are in opposition to their religious beliefs, then it is their responsibility to abstain from participating as they cannot guarantee a safe home for these children.

"Although these families say that they can offer safe and loving homes, their actions may not line up with their words," says Finn Gardiner, Advocacy & Organizing Manager at MTPC. "If they refuse to acknowledge a child's chosen name and pronouns or restrict their access to transition, then they're not providing a safe and loving home; they're putting them at great risk for harm."

Research by The Trevor Project has not only shown that LGBTQ+ youth are more likely to be in foster care, but that 40% of transgender youth in foster care reported being forced out of their homes or abandoned due to their gender identity.1 Furthermore, LGBTQ+ youth who have experienced housing instability are nearly three times more likely to consider suicide and more than three times more likely to attempt suicide than their LGBTQ+ peers who have stable housing.2

"Preventing a child from understanding or embracing their LGBTQ identities does not stop them from being their true authentic self," says Kelsey R. Grunstra, MTPC's Deputy Director. "However, it does cause significant emotional and psychological harm to these children, and in a frighteningly large number of cases, leads to considerations and attempts of suicide."

By age 18, over 40% of trans youth who are raised in unsupportive and non-affirming family environments have attempted suicide - in comparison with 5% of the general population by the same age.3 The only way to reduce suicidality in transgender youth is to support them, affirm their identities, and allow them to live in alignment with their gender.

However, we also believe that this policy has been implemented in a way that puts the entire burden on current or prospective foster families to be prepared for creating an affirming home for LGBTQ+ youth without offering resources or guidance for them. Foster care is a shared responsibility between the state and the foster families—and the state should not be leaving foster families without the support they need to be prepared for these situations. Under the "What supports are there for me?" section of the Foster and Adoptive FAQs, there are no resources listed to support foster families in supporting or affirming LGBTQ+ children in their home.4 We strongly encourage the Department of Children and Families and the Executive Office of Health and Human Services to live up to their end of this agreement and provide the support and resources necessary for both foster families and children.

The Massachusetts Transgender Political Coalition works to ensure the wellbeing, safety, and lived equity of all trans, nonbinary, and gender expansive community members in Massachusetts.