DOJ Backs Dominican Sisters of Hawthorne in Challenge to New York Transgender Mandate for Long-Term Care Facilities

The U.S. Department of Justice has formally intervened in support of the Dominican Sisters of Hawthorne, a Catholic religious order that operates Rosary Hill Home in Westchester County, New York, arguing that a state transgender mandate threatens the sisters' ability to continue providing free palliative care to indigent cancer patients. Acting Attorney General Todd Blanche certified the case — Dominican Sisters of Hawthorne v. Hochul — as one of "general public importance," lending federal weight to a lawsuit the sisters filed on April 6.

The Law at Issue

New York's "Lesbian, Gay, Bisexual and Transgender, and People Living with HIV Long-Term Care Facility Residents' Bill of Rights," signed into law on November 30, 2023 by Governor Kathy Hochul, prohibits long-term care facilities from discriminating against residents on the basis of sexual orientation, gender identity or expression, or HIV status. The Dominican Sisters argue the law would compel them to assign rooms by gender identity rather than biological sex, grant access to opposite-sex bathrooms, use residents' preferred pronouns, require staff training in gender ideology, and post public compliance notices — all in conflict with their religious convictions.

Penalty Exposure

Non-compliance carries significant consequences for the order. Fines begin at $2,000 per violation and can rise to $5,000. Facilities also face court-ordered forced compliance, loss of operating licenses, and penalties of up to $10,000. Individual staff members who hold professional licenses face up to one year in prison. Martin Nussbaum, general counsel for the Catholic Benefits Association and the sisters' legal representative, noted that the licensing risk applies both to Rosary Hill Home as an entity and to its individually licensed staff.

DOJ's Position

Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division said states cannot compel Americans to abandon religious beliefs in the name of gender ideology. The sisters' lawsuit underscored their operating record: over the four-year period from February 1, 2022 through January 31, 2026, the New York State Department of Health received zero complaints from Rosary Hill Home residents, against more than 55,000 complaints lodged against other nursing homes and an average of 23 citations per facility statewide over the same span.

Albany's Response

A spokesperson for Governor Hochul dismissed the DOJ's involvement as a politically motivated use of the justice system, adding that the administration is confident in its legal standing. The governor's office did not address the specific religious-freedom claims raised in the sisters' lawsuit. The DOJ did not provide an additional comment to media inquiries by publication time.