Massachusetts foster parents lose license after refusing to affirm LGBTQ+ policy for children in their care

A couple from Woburn, Massachusetts has lost their license to foster children after they refused to sign a gender affirming policy form from the Department of Children and Families (DCF). 

Lydia and Heath Marvin have three kids in their teens, but they have fostered eight different children under the age of 4 since 2020. Their most recent foster child was a baby with complex medical needs who stayed with them for 15 months. 

“Our Christian faith, it really drives us toward that. James says that true undefiled religion is to care for the fatherless,” Heath said. 

The couple said they were prepared to care for more foster children until DCF pulled their license to foster in April. 

Their license was pulled because the Marvins refused to sign the agency’s LGBTQIA+ Non-Discrimination Policy because of their Christian faith. 

Starting in 2022, the policy said that foster families must affirm the LGBTQIA+ identity of foster children. 

“We asked, is there any sort of accommodation, can you waive this at all? 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. And, were ultimately told you must sign the form as is or you will be delicensed,” Lydia said. 

The Marvins appealed the loss of their license, but lost. They’re considering their options but two other Christian foster families are plaintiffs in a federal lawsuit filed by the Massachusetts Family Institute and Alliance Defending Freedom against DCF. 

The lawsuit alleges the policy forces parents to “accept[ ] a child’s assertion of their LGBTQIA+ identity”, “address[ ] children by their names and pronouns,” and “support[ ] gender-neutral practices regarding clothes and physical appearance.” 

“There is a speech component and also a religious liberty component to the lawsuit,” said Sam Whiting, an attorney with the Massachusetts Family Institute. 

Last week, the Trump administration sent a letter to DCF, addressing the lawsuit and specifically mentioning the Marvins. 

“These policies and developments are deeply troubling, clearly contrary to the purpose of child welfare programs, and in direct violation of First Amendment protections,” wrote Andrew Gradison, Acting Assistant Secretary for the Administration for Children and Families. 

LGBTQ+ advocates argue the policy was developed to protect kids. Massachusetts foster parents also receive a monthly stipend. 

“The state has an obligation to children to make sure that they’re safe and well protected. 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,” said Polly Crozier, Director of Family Advocacy at GLBTQ Legal Advocates and Defenders.