A 125-Year-Old Ministry Says New Regulations Force a Choice Between Faith and Care for the Poor
A community of Catholic nuns devoted to caring for terminally ill cancer patients is taking legal action against the state of New York, arguing that new gender identity regulations threaten both their religious convictions and their ability to continue serving the dying.
The Dominican Sisters of Hawthorne, who operate Rosary Hill Home, filed a federal lawsuit on April 6 with support from the Catholic Benefits Association, seeking relief from mandates they say violate their faith.
A Century-Long Mission
For more than 125 years, the sisters have provided free end-of-life care to patients suffering from incurable cancer—many of whom cannot afford nursing services.
“We Sisters have taken care of patients from all walks of life, ideologies, and faiths. We treat each patient with dignity and Christian charity. We have never had complaints,” said Mother Marie Edward, General Superior of the order. “We cannot implement New York’s mandate without violating our Catholic faith.”
The ministry operates without charging patients or relying on government funding, instead depending on charitable donations to sustain its work.
The Law at the Center of the Dispute
The legal challenge stems from a 2023 law signed by Kathy Hochul that expands protections for nursing home residents, prohibiting discrimination based on gender identity, sexual orientation, and other factors.
According to the lawsuit and supporting press materials, the New York State Department of Health began notifying facilities of compliance requirements through a series of letters sent in March 2024.
“These letters listed the state’s demands and were accompanied by a training curriculum requiring the sisters to align patient care and the training of their sisters and employees with the State’s gender ideology,” the press release states.
Points of Tension
The sisters argue that the mandates would require actions that conflict with their religious beliefs, including policies related to housing arrangements, language use, and staff training.
“The New York gender ideology mandate requires Rosary Hill Home and other long-term care facilities to house biological men in women’s rooms even over the opposition of a female roommate, to permit residents and their visitors of one sex to access bathrooms set aside for those of the opposite sex, to use false pronouns, to use language and ‘create communities’ affirming patients’ sexual preferences, and to accommodate patients desire for extramarital sexual relations,” the release explains.
Facilities are also required to ensure staff receive training in what the state describes as “cultural competency” related to gender identity.
Legal Stakes and Religious Freedom Claims
The sisters say failure to comply could result in severe consequences, including fines, court orders, loss of licensing, and even jail time.
After requesting a religious exemption and receiving no response, the order moved forward with legal action.
“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,” the press release states.
Attorney Martin Nussbaum, representing the sisters, raised concerns about unequal treatment under the law.
“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,” he said. “The Sisters were left with no choice but to file suit in federal court.”
A Calling They Say Must Continue
For the sisters, the case is about preserving a sacred mission rooted in compassion and faith.
“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,’” said Sister Stella Mary, administrator of Rosary Hill Home. “We intend to continue honoring this sacred obligation, but need relief from the Court to do so.”
