Mike and Kitty Burke, a Catholic couple previously denied the chance to foster children because of their religious beliefs, are back in federal court in Burke v. Walsh as Massachusetts continues to defend its decision.
The state claims it has revised policies to allow families with traditional religious convictions, but it is still seeking to block on-the-record explanations and defend its prior rejection of the Burkes.
Becket, the legal team representing the Burkes, highlighted the couple’s ongoing fight in a press release on January 28, 2026. Despite completing all state-required training and home evaluations, the Burkes remain barred from fostering. The case underscores the need for accountability in Massachusetts’ foster system, which faces a severe shortage of homes. A court decision is expected by fall 2026.