A 2019 study from Children’s Rights found that over 30 percent of youth in foster care identify as LGBTQ+, compared to roughly 11 percent of youth outside the system.
A Massachusetts couple says their foster care license was revoked after they declined to sign a state policy requiring foster parents to affirm the gender identity and sexual orientation of children in their care.
Lydia and Heath Marvin, who have three biological children, had fostered eight children under the age of four since 2020.
In April, the Massachusetts Department of Children and Families (DCF) revoked their license after they refused to sign the required nondiscrimination agreement.
“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,” Lydia told CBS Boston.
DCF’s policy requires foster parents, staff, and volunteers to respect how individuals identify and to use the names and pronouns that children request. The policy also prohibits any attempt to persuade or pressure children to change their sexual orientation or gender identity. It further states that youth must be allowed to use restrooms, clothing, and hairstyles consistent with their gender identity.
The department says the rules are designed to protect the well-being of foster youth, noting that a significant percentage of children in foster care identify as LGBTQ+. A 2019 study from Children’s Rights found that over 30 percent of youth in foster care identify as LGBTQ+, compared to roughly 11 percent of youth outside the system.
The policy also supports access to “culturally responsive and affirming” healthcare and mental health services for foster youth, including legal name and gender changes if sought by the child. None of these measures are required for a youth’s identity to be respected.
Major medical organizations, including the American Academy of Pediatrics, the American Psychiatric Association have claimed that so-called gender-affirming care is evidence-based and medically necessary for both minors and adults.
The Marvins say they are exploring legal options following the loss of their foster license. Their case comes as another group of prospective foster parents, also represented by Alliance Defending Freedom, challenges the same DCF policy in court. The organization, which describes itself as a Christian legal advocacy group, has a long record of litigating on behalf of clients who argue that state nondiscrimination rules violate their religious freedom.
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