Catholic Nuns Caring for Dying Patients Sue New York Over Gender Identity Rules

Rosary Hill Home faces fines, license revocation, and even jail time for refusing to comply with state's LGBTQ mandate

Apr. 12, 2026 at 4:20pm

Got story updates? Submit your updates here. ›

A dimly lit, cinematic painting of an elderly nun sitting by the bedside of a patient in a hospice room, the nun's face and the patient's hands illuminated by warm, diagonal sunlight, conveying the solemn yet compassionate nature of the Dominican Sisters' ministry.The Dominican Sisters' century-old mission of caring for the terminally ill faces a new challenge as they fight to uphold their religious values against New York's transgender mandate.NYC Today

The Dominican Sisters of Hawthorne, who have provided free hospice care to the terminally ill for over 125 years, are suing New York Governor Kathy Hochul and the state Department of Health over a new law that requires long-term care facilities to assign rooms based on gender identity, use preferred pronouns, and accommodate consensual sexual relationships among residents - even if it violates the sisters' Catholic faith.

Why it matters

This case highlights the growing tension between LGBTQ rights policies and the religious freedom of faith-based organizations. The Dominican Sisters argue the state's gender identity mandates infringe on their constitutional rights and threaten their ability to continue their charitable mission of caring for the poor and dying.

The details

New York's LGBTQ Long-Term Care Facility Residents' Bill of Rights, enacted in 2024, requires nursing homes and long-term care facilities to assign rooms based on gender identity, allow residents to use bathrooms matching their identity, use preferred names and pronouns, and permit consensual sexual relationships without regard to the facility's religious views. Failure to comply could result in fines up to $10,000 or even loss of license and jail time.

  • The state Department of Health sent warning letters to Rosary Hill Home in March 2024 about potential violations.
  • The Dominican Sisters filed a federal lawsuit on April 6, 2026 after the state failed to respond to their request for a religious exemption.

The players

Kathy Hochul

The governor of New York who is pushing the LGBTQ long-term care mandate.

Mother Marie Edward, O.P.

The General Superior of the Dominican Sisters of Hawthorne, who operates Rosary Hill Home.

Rosary Hill Home

A 42-bed hospice and skilled nursing facility run by the Dominican Sisters of Hawthorne that provides free care to the terminally ill.

Catholic Benefits Association

The organization providing legal counsel to the Dominican Sisters in their lawsuit against New York.

Martin Nussbaum

An attorney with the First & Fourteenth law firm representing the Dominican Sisters.

Got photos? Submit your photos here. ›

What they’re saying

“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. We do not take insurance or government funds or money from our patients or families. The care is totally free.”

— Mother Marie Edward, O.P., General Superior of the Dominican Sisters of Hawthorne

“New York's gender ideology mandates not only violate our Catholic values, they threaten our existence with fines, injunctions, license revocation, and even jail time. This is why we were forced to go to court to seek protection of our religious exercise and freedom of speech so that we can continue our ministry to the poor.”

— Mother Marie Edward, O.P., General Superior of the Dominican Sisters of Hawthorne

“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.' We intend to continue honoring this sacred obligation but need relief from the Court to do so.”

— Sister Stella Mary, O.P., Administrator of Rosary Hill Home

What’s next

The federal court will decide whether to grant the Dominican Sisters an exemption from New York's LGBTQ long-term care mandate on the basis of their religious freedom.

The takeaway

This case highlights the ongoing clash between expanding LGBTQ rights policies and the religious liberty claims of faith-based organizations. The outcome could set an important precedent for how such conflicts are resolved, especially when they involve the provision of charitable services to vulnerable populations.