The Dominican Sisters of Hawthorne, a Catholic religious order, have initiated a federal lawsuit against New York State, asserting that a recently enacted law requiring gender identity recognition in long-term care facilities violates their religious freedom. The sisters, who operate Rosary Hill Home, a hospice providing free end-of-life care to terminally ill cancer patients, contend that compliance with the state's mandates would force them to act against deeply held Catholic doctrine.
"We are consecrated religious Sisters and have one mission. It is to provide comfort and skilled care to persons dying of cancer who cannot afford nursing care." Mother Marie Edward, Dominican Sisters of Hawthorne
At the heart of the dispute is the LGBT Long-Term Care Facility Residents’ Bill of Rights, signed into law by Governor Kathy Hochul in 2023. This legislation requires care providers across New York to recognize a resident's gender identity in several key areas, including room assignments, pronoun usage, and access to private spaces like bathrooms. It also explicitly prohibits discrimination based on sexual orientation, gender identity, or HIV status. Governor Hochul defended the measure upon its signing, stating, “New York’s seniors should be able to live their lives with the dignity and respect they deserve, free from discrimination of every kind. LGBTQIA+ and HIV-positive seniors are among our most vulnerable populations… Hate will never have a place in New York.”
The Dominican Sisters, through their legal complaint, argue that specific provisions of the law directly conflict with their religious convictions. They maintain that requirements such as using preferred pronouns that contradict biological sex, allowing individuals to access bathrooms not aligning with their sex assigned at birth, and assigning rooms based on gender identity rather than biological sex are irreconcilable with Catholic teachings. Mother Marie Edward, speaking for the order, articulated their mission: “We are consecrated religious Sisters and have one mission. It is to provide comfort and skilled care to persons dying of cancer who cannot afford nursing care.” She further explained that their work is rooted in Christian teaching, caring for patients “as if they were Christ himself.” The sisters assert that their facility has historically provided care to individuals from all backgrounds without discrimination or complaint for nearly 125 years.
The lawsuit alleges that the state law violates First Amendment protections, specifically the free exercise of religion and the prohibition against compelled speech. The sisters argue that the mandate leaves them with an untenable choice: either compromise their religious beliefs by complying or face severe legal and operational consequences. According to the lawsuit, these potential repercussions include substantial fines, the loss of their facility's operating license, and even potential jail time for staff members. Such outcomes, their legal team warns, could ultimately force the closure of Rosary Hill Home, ending a century-old ministry that has served vulnerable patients without charge, relying solely on charitable donations and accepting no government funding or insurance payments.
The dispute escalated after the sisters sought a religious exemption from the state, a request they say went unanswered for weeks. With no response forthcoming, they proceeded with filing the federal lawsuit, seeking judicial relief from the mandates and protection from their enforcement. State health officials have refrained from commenting directly on the ongoing litigation. However, a spokesperson for the Department of Health reaffirmed the state's commitment to upholding the law, stating that the department is “committed to following state law, which provides nursing home residents certain rights protecting against discrimination including, but not limited to, gender identity or expression.”
The Rosary Hill Home, a 42-bed hospice located in Hawthorne, New York, has been a sanctuary for those without means to afford end-of-life care. Its operation is sustained entirely by donations, allowing it to offer services freely to patients battling terminal cancer. The sisters' legal challenge also raises concerns about unequal treatment, pointing out that some religious groups, such as Christian Scientists, may qualify for exemptions under state law, while Catholic organizations like theirs do not appear to receive similar consideration. The outcome of this legal battle could have significant implications for religious organizations operating social services in New York and potentially set precedents for similar conflicts between religious freedom and anti-discrimination laws nationwide.
