'Faith or Punishment': Catholic Nuns Who Provide Free Hospice Sue NY Gov. Over Gender Law That Could Jail Them

Catholic nuns who care for the dying in a 42-bed New York hospice say they now face fines, closure, and even prison if they refuse to comply with rules they believe violate their religious mission. The lawsuit, filed against Kathy Hochul, challenges a state law designed to protect gender identity rights in long-term care. What makes this case striking is not only the policy clash, but the setting.

A Hospice Drawn Into A Political Storm

The Dominican Sisters of Hawthorne have operated Rosary Hill Home for more than a century, providing hospice care to terminal cancer patients who cannot afford treatment. They do not bill families, accept insurance or take government funding. Their model is simple and, by most accounts, rare.

Mother Marie Edward, O.P., said, '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.'

That mission now sits uneasily alongside New York's 'Lesbian, gay, bisexual and transgender, and people living with HIV long-term care facility residents' bill of rights,' signed into law on 30 November 2023. The legislation bars discrimination based on sexual orientation, gender identity, or HIV status across care facilities.

While the law extends protections in LGBTQ+ sectors, in practice, the sisters argue, it compels them to act in ways that conflict with Catholic teaching.

In an official press release, they stated that the Dominican Sisters of Hawthorne and Rosary Hill Home are members of the Catholic Benefits Association (CBA). 'They have, through legal counsel provided to them by the CBA, asked the New York State Department of Health for an exemption from these mandates because they infringe upon their Catholic values, burden their exercise of religion, and compromise their free speech rights.'

'After waiting two weeks and not receiving a response from the State to their exemption request, the Hawthorne Dominicans filed a lawsuit on April 6, 2026, in federal court to protect their religious freedom and their ministry to the sick poor.'

Where Doctrine Meets Regulation

The sisters say compliance would require them to assign rooms based on gender identity rather than biological sex, permit access to opposite-sex bathrooms, and use preferred pronouns regardless of their beliefs.

They also point to mandatory staff training aligned with what they describe as 'gender ideology,' alongside a requirement to publicly affirm compliance.

Mother Marie Edward stated, 'New York's gender ideology mandates not only violate our Catholic values, they threaten our existence with fines, injunctions, licence revocation, and even jail time.'

According to filings, non-compliance could bring fines of up to $2,000 per violation, rising to $5,000, along with the possibility of court-ordered enforcement. More severe penalties include the loss of operating licences and up to one year in prison, with fines reaching $10,000.

Martin Nussbaum of the First & Fourteenth law firm and counsel for the Sisters, said, 'this was especially disappointing because New York's law provides religious exemption for long-term care facilities affiliated with the Christian Science Church but not for similar Catholic facilities. The Sisters were left with no choice but to file suit in federal court, and the Catholic Benefits Association has helped them do that.'

A Record Without Complaints

In their lawsuit, the sisters highlight what they see as a critical omission in the state's position. Over a four-year reporting period from 1 February 2022 through 31 January 2026, the New York State Department of Health recorded zero complaints from residents at Rosary Hill Home.

During the same period, more than 55,000 complaints were filed against other nursing homes statewide, with an average of 23 citations per facility.

Sister Stella Mary, O.P., the home's administrator, framed it in terms of continuity rather than resistance. '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.''

Officials have declined to engage directly with the lawsuit's claims. A spokesperson for the New York State Department of Health told Fox News that the agency does not comment on ongoing litigation but remains committed to enforcing laws that protect residents from discrimination, including on the basis of gender identity.