A Catholic couple in Massachusetts is suing the state after being rejected as foster parents because of their beliefs about marriage, sexuality and gender.

Mike and Kitty Burke explored becoming foster parents through the Massachusetts Department of Child and Families’ foster care program, which included months of training, home visits and extensive interviews, hoping to eventually adopt children.

“After years of heartbreak, we were on the verge of finally becoming parents. We were absolutely devastated to learn that Massachusetts would rather children sleep in the hallways of hospitals than let us welcome children in need into our home,” the Burkes said in a press release from Becket Law, formerly the Becket Fund for Religious Liberty, which is backing the case.

DCF does not have enough foster homes or facilities to meet the needs of the children in its care, leaving over 1,500 children without a family, including some who are housed in hospitals.

Mike Burke is a former Marine who served in Iraq. Kitty Burke is a former paraprofessional for special needs kids. The couple runs a business together and performs music for Mass. They married in 2018 and wanted to start a family but are unable to have children due to infertility.