The Justice Department announced on Thursday its plan to intervene in a lawsuit initiated by an order of Catholic nuns challenging a New York law concerning gender identity policies in nursing homes. The legal action was brought forth by the Dominican Sisters of Hawthorne, a Catholic religious order that operates Rosary Hill Home, a nonprofit nursing facility established over 125 years ago. The lawsuit contests a 2024 New York law that prohibits discrimination based on actual or perceived sexual orientation, gender identity or expression, and HIV status.
"States should take notice that they cannot require Americans to abandon their religious beliefs in the name of woke gender ideology." — Assistant Attorney General Harmeet Dhillon
According to statements from the Justice Department, the Dominican Sisters contend that the New York law directly conflicts with their deeply held religious beliefs and the operational principles of their facility. Federal officials indicated that the department’s Complaint-in-Intervention asserts the state law infringes upon the Equal Protection Clause of the Fourteenth Amendment. The federal filing argues that the law mandates religious facilities to adhere to standards that clash with their spiritual convictions, while simultaneously exempting nonreligious facilities from these same requirements.
Assistant Attorney General Harmeet Dhillon publicly announced the department’s decision to support the religious order’s legal challenge. In a statement, Dhillon remarked, "States should take notice that they cannot require Americans to abandon their religious beliefs in the name of woke gender ideology." She further highlighted the long-standing charitable work of the religious order, adding, "For more than a century, the Dominican Sisters of Hawthorne have provided free palliative care to indigent cancer patients in their last days." Dhillon articulated that New York’s law places the nuns in a difficult position, forcing them to choose between maintaining their religious beliefs and continuing to operate their vital care facility.
As detailed in the lawsuit, the New York law is enforced by the state’s Department of Health and mandates that nursing homes house residents based on their gender identity. The complaint also alleges that facilities are required to provide access to bathrooms consistent with gender identity and use residents’ preferred pronouns. Furthermore, the lawsuit claims that state training materials provided to nursing homes instruct them to cultivate environments that affirm residents' sexual orientation and gender identity. A particularly contentious aspect of the guidance, according to the complaint, is a directive for facilities to accommodate requests for extramarital relationships, unless such requests are explicitly prohibited by a facility-wide policy.
The Washington Times reported on the potential penalties for nursing homes found in violation of these requirements. A first offense could result in fines of up to $2,000, with subsequent violations potentially incurring fines up to $5,000. For willful violations of public health law, the report added that penalties could escalate to $10,000, one year in prison, or both.
The Justice Department’s intervention also outlined its understanding of Catholic doctrine relevant to the case. The department argued that Catholic teaching maintains biological sex as immutable and that referring to individuals as a different sex conflicts with established church doctrine, as referenced in the Conservative Brief. Consistent with these beliefs, Rosary Hill Home currently houses patients in single-sex rooms based on biological sex and provides personal care services in a manner aligned with its religious convictions. The lawsuit states that caregivers at the facility perform daily services that include grooming residents and assisting with their personal needs, underscoring the intimate nature of the care provided.
This case represents the latest in a series of legal challenges that involve conflicts between claims of religious liberty and regulations pertaining to gender identity. The Justice Department’s intervention places the federal government squarely in support of the religious order as the lawsuit progresses through the courts. A final ruling has not yet been issued, and the legal challenge remains ongoing. The eventual outcome of this case could establish significant precedents for how religiously affiliated nursing homes, and potentially other religious institutions, navigate and comply with state anti-discrimination laws in the future across the nation.
