Along with two other foster parents, the Massachusetts Chapter of the National Association of Social Workers, GLAAD, and ACLU, Babets and Jean filed a lawsuit against the state that challenged the new policies as violating state and federal constitutional rights to equal protection and due process of law.
[1] During the case, the plaintiffs requested documents from the defendants that detailed the internal processes by which the policies in question were developed.
[6] The lawsuit was filed on the basis that the new regulations "irrationally and arbitrarily categorize foster parent applicants by marital status and sexual preference in such a way as to exclude single persons, unmarried couples and gay [i.e., homosexual] men and lesbians from equal consideration as foster parents.
"[1] The plaintiffs argued that the new regulations violated their State and Federal constitutional rights to equal protection, due process, freedom of association, and privacy, as well as the State and Federal laws requiring that foster care placement benefit the best interest of the child.
[12] In 1995, the couple adopted four children and received a note of congratulations from the Massachusetts General Court, which had voted to ban gay foster parents in 1985.