The Dominican Sisters of Hawthorne, a Catholic religious order that has provided end-of-life care to impoverished cancer patients for decades, has initiated legal action against the state of New York. The lawsuit, filed against Governor Kathy Hochul, challenges a recently enacted gender identity law that the nuns argue could result in criminal penalties, including jail time, for their charitable work.
Legal Challenge to New York's Gender Identity Legislation
Governor Kathy Hochul signed the contentious bill into law in November 2023. The legislation explicitly prohibits long-term care facilities and their staff from discriminating against residents based on actual or perceived sexual orientation, gender identity or expression, or HIV status. In a press release at the time, Hochul stated, "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 further emphasized that "LGBTQIA+ and HIV-positive seniors are among our most vulnerable populations" and affirmed that "hate will never have a place in New York."
Religious Order's Mission at Rosary Hill Home
The Dominican Sisters operate the 42-bed Rosary Hill Home in Hawthorne, New York, where they offer completely free nursing care to terminally ill cancer patients who cannot afford medical assistance. Mother Marie Edward OP, representing the order, explained to Fox News, "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 highlighted that their work is funded solely by benefactors, without accepting insurance, government funds, or payments from patients or families.
Mother Edward asserted, "We have never discriminated against anyone on the basis of race, religion or sex. We do it because Jesus taught us that, when the least among us are sick, we should care for them, as if they were Christ himself." The sisters claim to have served patients from all backgrounds without prior complaints.
Specific Conflicts with Catholic Faith
The lawsuit contends that the new law mandates several requirements that directly conflict with Catholic teachings. These include assigning rooms based on gender identity rather than biological sex, using preferred pronouns, providing staff training in gender ideology, posting public compliance notices, and allowing opposite-sex bathroom access. A press release from the order stated, "We cannot implement New York's mandate without violating our Catholic faith."
Potential Penalties and Request for Exemption
The Dominican Sisters face severe consequences for non-compliance, including fines of up to $2,000 per violation, potential penalties reaching $5,000, court-ordered forced compliance, loss of operating licenses, and even imprisonment for up to one year with fines up to $10,000. Through legal counsel provided by the Catholic Benefits Association, the sisters have requested a religious exemption from the New York State Department of Health, arguing that the mandates infringe upon their Catholic values, burden their exercise of religion, and compromise free speech rights.
Notably, attorney Martin Nussbaum of the First & Fourteenth law firm pointed out that the law provides religious exemptions for facilities affiliated with the Christian Science Church but not for similar Catholic institutions. Sister Stella Mary, administrator at Rosary Hill Home, expressed the order's determination to continue their sacred mission, stating, "We intend to continue honoring this sacred obligation but need relief from the Court to do so."
Official Response and Ongoing Litigation
In a statement to Fox News, the New York State Department of Health declined to comment on the pending litigation but affirmed its commitment to following state law, which protects nursing home residents from discrimination based on gender identity or expression. The Daily Mail has reached out to both the Dominican Sisters of Hawthorne and Governor Kathy Hochul's office for additional comments as the legal battle unfolds.
