Justice Department sues New York over law forcing Catholic nursing home to house residents by gender identity
The U.S. Department of Justice filed a complaint against New York State on Thursday, alleging that a state law requiring long-term care facilities to assign rooms based on gender identity rather than biological sex violates the Fourteenth Amendment's Equal Protection Clause. The DOJ is intervening in an existing lawsuit brought by the Dominican Sisters of Hawthorne, a Catholic religious order that has provided free end-of-life care to impoverished cancer patients for more than a century.
At the center of the dispute is New York Public Health Law § 2803-c-2, which mandates that nursing homes and other long-term care facilities house transgender residents according to their stated gender identity. The law also requires facility staff to use preferred pronouns and names. For the Dominican Sisters, who operate Rosary Hill Home and organize their care around single-sex accommodations consistent with Catholic teaching, the statute presents an impossible choice.
Assistant Attorney General Harmeet K. Dhillon framed the stakes in plain terms, as Just the News reported:
"For more than a century, the Dominican Sisters of Hawthorne have provided free palliative care to indigent cancer patients in their last days. 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."
That is the crux of the matter. New York enacted a law. A group of nuns who care for the poorest of the dying now face the prospect of losing their operating license if they decline to place biological males in rooms with biological females, or vice versa, based on a resident's self-declared gender identity.
What the law requires, and what the nuns do
The Dominican Sisters of Hawthorne are not a political organization. They run Rosary Hill Home, where they provide palliative care at no cost to indigent cancer patients. Their ministry dates back more than a hundred years, according to Dhillon's statement. The patients they serve are among the most vulnerable people in the country, dying, poor, and in need of dignity in their final days.
New York's law does not carve out exceptions for religious providers. It applies across the board to long-term care facilities, compelling them to assign rooms and use language according to each resident's gender identity rather than biological sex. For a Catholic order whose communal life and patient care are organized around the Church's understanding of the human person, including the distinction between male and female, the mandate strikes at the core of their religious mission.
The DOJ's complaint alleges this violates the Equal Protection Clause of the Fourteenth Amendment. The Dominican Sisters had already filed their own lawsuit against New York State before the federal government stepped in. The DOJ's decision to intervene signals that the Trump administration views the case as a significant test of religious liberty protections against state-level gender identity mandates.
This is not the first time the current administration has moved to defend people of faith against state policies rooted in gender ideology. A federal court recently forced Washington State to stop punishing Christian foster parents over similar ideological demands, marking another instance where religious believers found themselves targeted by progressive state policy.
A pattern of federal pushback
Dhillon's statement carried a broader warning to state governments beyond New York:
"States should take notice that they cannot require Americans to abandon their religious beliefs in the name of woke gender ideology."
That language, direct and unapologetic, reflects a DOJ posture that has shifted markedly from the previous administration. Under Biden, the Justice Department drew scrutiny for its treatment of religious Americans on multiple fronts. A subsequent DOJ report revealed that the Biden-era DOJ used dossiers compiled by an abortion advocacy group, including photographs of minors, to build cases against pro-life Christians.
The contrast is difficult to miss. One administration used federal law enforcement resources to investigate people praying outside abortion clinics. The current one is using its Civil Rights Division to defend nuns who care for dying cancer patients.
Pro-life activist Mark Houck's case stands as one of the starkest examples of the prior approach. After an FBI raid on his home in front of his children, Houck was acquitted at trial and later secured a seven-figure settlement from the DOJ over the failed prosecution. Cases like Houck's created deep distrust among religious Americans toward federal institutions, distrust the current DOJ appears intent on reversing through actions like the New York intervention.
New York's silence, and the questions that remain
As of the DOJ's announcement, New York State had not publicly responded to either the original lawsuit or the federal complaint. That silence leaves several questions unanswered. Has the state considered any religious exemption to the law? Does Albany intend to defend the statute as written? And what happens to facilities like Rosary Hill Home in the interim, are they expected to comply while litigation proceeds, or will the court grant relief?
The specific relief the DOJ and the Dominican Sisters are seeking, whether an injunction, a declaratory judgment, or both, has not been detailed in available reporting. The case name, docket number, and court have likewise not been publicly identified. These procedural details will matter as the case moves forward, because they will determine how quickly the nuns can get a ruling and whether the law remains enforceable during litigation.
What is clear is the fundamental conflict. New York passed a law that treats gender identity as the controlling factor in housing assignments at care facilities. A Catholic religious order says that law compels them to violate their faith. And the federal government has now entered the case on the side of the nuns.
The real stakes for religious providers
The Dominican Sisters' situation illustrates a growing pressure point in American law. Progressive states have increasingly adopted gender identity mandates that apply uniformly to all institutions, public, private, secular, and religious. When those mandates collide with the convictions of faith-based providers, someone has to give. New York's law, as written, makes clear who Albany expects that to be.
The nuns at Rosary Hill Home are not running a commercial enterprise. They charge nothing. They serve people whom the healthcare system has largely failed, terminal cancer patients too poor to afford care elsewhere. Their ministry is an act of charity rooted in Catholic conviction. The state's position, in effect, is that this charity must conform to Albany's views on gender or cease to operate.
The administration has signaled through multiple actions that it views the defense of religious liberty as a priority, including joining thousands at a national prayer gathering on the Mall and monitoring the treatment of religious believers abroad. The DOJ's scrutiny of a UK prosecution of a pastor charged for preaching near a hospital showed a willingness to engage on religious freedom issues even beyond American borders.
The New York case, though, is closer to home, and the stakes are concrete. Real nuns. Real patients. A real license on the line.
What comes next
The DOJ's intervention transforms this from a local religious liberty dispute into a federal constitutional test case. If the government prevails, it could set a precedent limiting the ability of states to impose gender identity mandates on religious care providers. If New York's law survives, faith-based facilities across the country will face a clear message: comply with the state's ideology or shut your doors.
For the Dominican Sisters of Hawthorne, the lawsuit is not abstract. They have spent more than a century washing the wounds and holding the hands of people dying without anyone else to care for them. New York decided that was not enough, that the nuns must also affirm a view of the human person their faith does not permit.
When a state tells nuns they must abandon their beliefs or stop caring for the dying poor, the law has not advanced justice. It has lost the plot.






