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2w ago

Justice Department Joins Nuns’ Lawsuit Challenging New York Gender‑Identity Nursing‑Home Rule

The DOJ says the rule forces religious caregivers to choose between their faith and their license and asks a federal court to decide whether the law violates equal protection.

Dominican Sisters of Hawthorne at the reinterment of Nathaniel Hawthorne's wife and daughter to Sleepy Hollow Cemetery in an antique horse drawn hearse that carries the lone casket. | David L. Ryan/The Boston Globe via Getty Images
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Overview

  • The Department of Justice notified a U.S. district court on June 18 that it will intervene in the Dominican Sisters of Hawthorne’s suit against New York and filed a Complaint‑in‑Intervention.
  • The DOJ alleges New York Public Health Law § 2803‑c‑2 treats religious facilities differently from secular ones and thus violates the Fourteenth Amendment’s Equal Protection Clause.
  • The state law requires long‑term care homes to room residents based on gender identity and to use names and pronouns that reflect gender identity rather than biological sex.
  • The Dominican Sisters operate Rosary Hill Home, provide free palliative care to indigent patients, say they sought a state exemption that was not granted, and warn they face fines or license loss if forced to change their practices.
  • The Civil Rights Division’s Disability Rights Section is handling the case and the court ruling could shape how states balance gender‑identity protections with religious objections in long‑term care settings.