The Dominican Sisters of Hawthorne are suing New York state over a recently enacted long-term care law they say forces their free hospice to violate conscience and face steep penalties; the lawsuit argues the rule on room assignments, pronoun use, and gender identity reporting would force the 42-bed Rosary Hill Home to change its sex-specific living arrangements, risk fines up to $5,000 for repeat violations, and even face licensing consequences or jail time if it refuses.

Catholic nuns challenge New York gender identity mandate

The sisters run Rosary Hill Home, a 42-bed hospice that provides free care to low-income people dying of cancer. They say they accept no insurance, no government funds, and no payment from patients or families, relying on benefactors to fund their mission. Over a recent four-year period ending Jan. 31, 2026, the facility recorded zero complaints and no citations, according to documents filed with the court.

The dispute stems from a statute signed into law on Nov. 30, 2023, that establishes a long-term care residents’ bill of rights including sexual orientation, gender identity, and HIV status. The law addresses room assignments, access to shared spaces, and staff communication, and it bars facilities from assigning rooms in a way that conflicts with a resident’s stated gender identity. It also targets facilities that “willfully and repeatedly fail to use a resident’s preferred name or pronouns after being clearly informed of the preferred name or pronouns.”

Rosary Hill operates on biological sex to assign patients to living spaces and restricts access to bathrooms and bedrooms accordingly, which the complaint says aligns with the sisters’ religious convictions and with safety and privacy concerns for residents. The suit argues the statute would force an overhaul of room assignments, bathroom access, staff training, posted notices, and even daily speech, because staff would be required to use preferred pronouns and record gender identity details for each resident. The complaint warns those changes would directly conflict with the sisters’ religious mission to care for the dying according to their beliefs.

State health officials have issued multiple “Dear Administrator” letters describing how the law will be enforced, spelling out expectations for room assignments, pronoun usage, and access to shared spaces. The Department of Health has said it will enforce nondiscrimination protections under the statute, which the sisters say leaves them vulnerable to regulatory action. Officials tied compliance to licensing rules, which raises the possibility of fines, injunctions, and other licensing consequences for noncompliance.

The complaint highlights the disparity between Rosary Hill’s record and averages at other facilities: while Rosary Hill reported zero citations in the cited period, other nursing homes averaged 23 citations. The sisters point to that record to argue they already deliver high-quality care without the state’s new regime. They emphasize care is given “without discriminating on the basis of race, religion, or sex” and describe their work as an expression of religious duty to comfort the sick.

In court filings the sisters stress the stakes: potential fines of up to $2,000 per instance and up to $5,000 for repeat offenses are on the table, along with possible court orders and licensing penalties. The complaint also notes that, in extreme cases, violations could carry criminal penalties of up to one year in prison. A quoted passage in the complaint warns, “If the Dominican Sisters… do not comply, they face fines, injunctions, potential loss of licensing, and imprisonment.”

The law contains a specific exemption for Christian Scientists, inserted during the legislative process, which the sisters say highlights an uneven treatment of religious providers. Catholic facilities like Rosary Hill did not receive that same carve-out, and the lawsuit frames that omission as part of the constitutional and statutory issues the nuns raise. The sisters say the mandate threatens not only their practices but the survival of a facility devoted exclusively to serving patients who otherwise could not afford hospice care.

Mother Marie Edward, O.P., the superior of the Dominican Sisters of Hawthorne and president of Rosary Hill Home, described their mission in clear terms: “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.

We are supported by the goodness of our benefactors. We do this without discriminating 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 Dominican Sisters say they intend to continue operating Rosary Hill under their longstanding practices and ask the courts for relief that would let them do so. Sister Stella Mary, O.P., underscored that position in court filings: “We intend to continue honoring this sacred obligation but need relief from the Court to do so.” The lawsuit now asks the judiciary to weigh religious liberty claims against the state’s interest in enforcing nondiscrimination protections in long-term care settings.