A band of Catholic nuns who’ve spent more than a century caring for the poorest and dying is now in a bitter legal fight with New York State. The Dominican Sisters of Hawthorne, who run a free hospice for terminal cancer patients, say a sweeping state gender-identity mandate could force them to violate their faith, or face fines, shutdown, even jail.
The sisters have now gone to federal court, accusing the state of trampling their constitutional rights. Their attorney, Martin Nussbaum, says the case is about whether religious groups can continue their mission without government coercion. South Shore Press contributor Stefan Mychajliw spoke with him.
Q&A WITH MARTIN NUSSBAUM
Stefan Mychajliw: Martin, can you help me better understand what the big legal issue is because here we have some amazing nuns, do great work… and what exactly is New York State trying to make these poor nuns do?
Martin Nussbaum: The state passed what it calls the New York LGBTQ Bill of Rights for long-term care facilities, and it imposes gender ideology on how the sisters care for patients. That includes requiring them to allow biological men into women’s rooms or bathrooms, use preferred pronouns, and engage in what’s called “affirming” speech. They also have to undergo training that promotes this ideology. All of this directly conflicts with their Catholic beliefs. These sisters have served dying cancer patients for 125 years — for free — and now the state is telling them they must change how they operate at a fundamental level.
Mychajliw: How sick is it that these woke radical progressives in New York could potentially punish elderly nuns… with jail time?
Nussbaum: The penalties are extremely serious. If they don’t comply, they could lose their license, face fines, lawsuits, and even up to a year in jail. What’s happening here is the state elevating gender ideology in a way that overrides religious belief. The sisters are being forced not just to tolerate something, but to affirm it through speech and action. That raises major constitutional concerns involving religious freedom and compelled speech.
Mychajliw: I can’t imagine the level of stress… these poor elderly sisters just want to care for very sick individuals.
Nussbaum: They remain focused on their mission. This is a community devoted to caring for people who are dying, and that’s where their attention is.
Mychajliw: And how are they holding up?
Nussbaum: They’re remarkable. They’ve even declined many media requests because they want to focus on their patients and bring comfort in their final days.
Mychajliw: Where does the case stand right now?
Nussbaum: We filed in federal court on April 6. It’s at an early stage, but this case will ultimately decide whether the government can force a religious community to violate its beliefs just to continue serving others.