Justice Department Supports Catholic Nuns Challenging New York Transgender Policies

The Justice Department is advocating for Catholic nuns who argue that New York’s transgender policies might challenge their religious beliefs while they continue to care for indigent cancer patients during their last days. Assistant Attorney General Harmeet K. Dhillon stated that states must respect religious beliefs and cannot enforce policies that conflict with such ideologies.

For over a century, the Dominican Sisters of Hawthorne have offered free palliative care to those unable to afford it. New York’s law poses a dilemma, compelling them to choose between their faith and their ability to continue serving the dying without legal repercussions, as explained by Dhillon.

A Dominican Sister of Hawthorne embraces a resident.

The Dominican Sisters operate a facility in Westchester County for terminally ill cancer patients. They contend that New York’s guidelines could lead to fines, loss of their operating license, and other penalties if they do not comply with the requirements regarding gender identity and expression, including room assignments and pronoun usage.

Refusal to comply with the state’s transgender mandate may result in fines up to $5,000 per infraction, court-mandated compliance, license revocation, and potential imprisonment, with additional fines of up to $10,000.

The New York law, titled the “Lesbian, gay, bisexual and transgender, and people living with HIV long-term care facility residents’ bill of rights,” became law on Nov. 30, 2023. It prohibits discrimination in long-term care facilities based on sexual orientation, gender identity, expression, or HIV status, according to a release from Governor Hochul’s office.

A Dominican Sister of Hawthorne attends to a resident.

The sisters assert that the law would obligate them to assign rooms according to gender identity, permit access to bathrooms according to gender identity, and recognize identity expression and relationships. They would be required to use preferred pronouns, train staff in gender ideology, and display compliance notices.

In their legal challenge filed on April 6, the sisters noted that the New York State Department of Health recorded zero complaints from their residents from Feb. 1, 2022, to Jan. 31, 2026, contrasting with a significant number of complaints filed against other facilities during the same timeframe. Martin Nussbaum, representing the sisters and general counsel for the Catholic Benefits Association, highlighted the risk of losing licenses for both Rosary Hill Home and its licensed staff.

A Dominican Sister of Hawthorne comforts a resident.

Acting Attorney General Todd Blanche certified the lawsuit as a matter of general public importance, asserting that preference for gender ideology should not overshadow religious freedom. In response, a spokesperson for New York Governor Kathy Hochul described the legal action as a politically motivated attempt by the Justice Department. They expressed confidence in the legality of the state’s actions and its financial benefits.

Rachel del Guidice reports on culture for Fox News, exploring the relationships among politics, faith, family, and American culture.