Justice Department Backs Nuns in New York Transgender Policy Dispute

The Justice Department has expressed support for Catholic nuns who argue that New York’s transgender policies may force them to choose between their religious beliefs and caring for indigent cancer patients. These policies challenge the Dominican Sisters of Hawthorne, a group who has been providing free palliative care to cancer patients for over a century.

Assistant Attorney General Harmeet K. Dhillon stated, “States should take notice that they cannot require Americans to abandon their religious beliefs in the name of woke gender ideology.” The sisters allege that New York’s law could result in fines, loss of their operating license, and other penalties if they do not adhere to guidelines concerning gender identity and related issues.

“For more than a century, the Dominican Sisters of Hawthorne have provided free palliative care to indigent cancer patients in their last days,” Dhillon added. “New York’s law would force these religious women to choose between their faith and their license if they wish to continue serving the dying.”

According to the Dominican Sisters of Hawthorne, the law requires them to accommodate gender identity in room assignments and bathroom access, use preferred pronouns, and engage in staff training on gender ideology. Failure to comply could result in significant fines, loss of licensing, and even imprisonment.

The “Lesbian, gay, bisexual and transgender, and people living with HIV long-term care facility residents’ bill of rights” became law on November 30, 2023. It prohibits discrimination in long-term care facilities based on sexual orientation, gender identity, or HIV status, as per the press release from Gov. Kathy Hochul’s office.

In their lawsuit filed in April, the sisters asserted that the New York State Department of Health had received no complaints from their residents, contrasting sharply with over 55,000 complaints against other facilities during the same period.

Martin Nussbaum, the general counsel for Catholic Benefits Association, representing the sisters, noted the potential licensing risks for both Rosary Hill Home and its staff. “Acting Attorney General Todd Blanche’s formal certification of Dominican Sisters of Hawthorne v. Hochul as a case of ‘general public importance’ sends a welcome signal that a state’s policy preference for gender ideology does not trump the protection for religious freedom embedded in our country’s DNA,” Nussbaum said.

A spokesperson for New York Gov. Kathy Hochul commented, “This is just another sad attempt by the Trump administration to weaponize the justice system to attack political opponents in an election year.” They also noted that efforts to streamline fiscal operations had resulted in significant taxpayer savings.