Dominican Sisters of Hawthorne sue New York for forcing compliance with gender identity law that threatens fines and jail time.
Newsroom (09/04/2026 Gaudium Press ) In a battle that echoes past religious liberty clashes, the Dominican Sisters of Hawthorne are taking the State of New York to federal court, arguing that newly enforced gender identity regulations violate their constitutional rights and threaten their century-old mission to serve the terminally ill.
The lawsuit, filed in the U.S. District Court for the Southern District of New York, names Governor Kathy Hochul and four state health officials as defendants. The sisters say that the “Long-Term Care Facility Residents’ Bill of Rights for LGBTQIA+ New Yorkers and People Living with HIV,” signed into law in November 2023, compels them to act against their Catholic faith.
At stake are not only fines—up to $10,000 per violation—or the threat of prison, but what the congregation calls an “existential threat” to their work. For 125 years, the Dominican Sisters have provided free care to indigent cancer patients through Rosary Hill Home in Hawthorne, Westchester County. They argue the mandate to assign rooms, restrooms, and pronouns according to declared gender identity—and to accommodate sexual relationships among residents—forces them into moral contradictions.
“We cannot implement this New York mandate without violating our Catholic faith,” said Mother Marie Edward, superior general of the congregation. “We treat every patient with dignity and Christian charity. We have never received a complaint.”
A Conflict Born of Compliance Letters
The sisters’ legal struggle began after receiving three letters from the Department of Health, warning them that failure to comply with gender identity regulations could lead to penalties and loss of license. What startled the congregation was that the department’s own public database showed zero complaints against Rosary Hill Home.
Attorney L. Martin Nussbaum, representing the sisters, called the policy “ideological virtue signaling.” He warned that the law could force the home’s closure if the nuns are denied exemptions. “The sisters don’t want to litigate. They want this resolved and to focus on their ministry,” he stated.
Unequal Exemptions and Constitutional Questions
The lawsuit also highlights what it calls a discriminatory loophole: an exemption for institutions relying exclusively on spiritual healing, like the Church of Christ, Scientist, but none for Catholic facilities. The sisters argue this privileges one denomination over others, a direct violation of the First Amendment’s protection of free exercise of religion.
While state officials have declined to comment on pending litigation, the Department of Health maintains its responsibility to uphold anti-discrimination laws based on gender identity and expression.
Faith and the Meaning of Care
For the Dominican Sisters, the issue transcends pronouns or room assignments—it touches the essence of their faith. “Christ is the way, the truth, and the life,” said Mother Marie Edward. “To require a Catholic to deny another person’s sex is to force us to affirm another religious worldview. It is a falsehood to say that a man should go to the room of a female patient.”
Sister Stella Mary, superior of Rosary Hill Home, emphasized that the congregation’s spiritual foundation creates an atmosphere of peace and dignity for their patients. “If our faith weren’t there, the kind of care we offer wouldn’t be the same,” she said.
A Legacy of Service at Risk
The Dominican Sisters trace their origins to Rose Hawthorne Lathrop, daughter of novelist Nathaniel Hawthorne. After converting to Catholicism in the 1890s, Rose began housing cancer patients without resources in New York City, founding the congregation in 1900. Her vision continues today through two homes—in New York and Atlanta—staffed by 44 sisters who care for the dying regardless of background or belief.
Now, that legacy faces state penalties for adhering to Catholic doctrine. Yet Mother Marie Edward remains calm: “I am not really worried. I know the Lord will take care of us.”
The outcome of their lawsuit may not only determine the future of Rosary Hill Home but could redefine how faith-based care institutions navigate evolving gender identity laws. For the sisters, the question remains deeply spiritual: how far must they compromise their faith to serve the sick in today’s regulatory landscape?
- Raju Hasmukh with files from Infocatholica
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