New York Versus The Nuns: The Dominican Sisters Face Penalties For Refusing To Yield On Religious Values

Authored by Jonathan Turley via jonathanturley.org,

New York has been a godsend for gun rights in passing a series of unconstitutional limits on Second Amendment rights only to result in major adverse rulings. It may soon do the same for the free exercise of religion. New York is now going head-to-head with a group of Dominican nuns over a law challenged as unconstitutional. New York Gov. Kathy Hochul and the state are being sued over a law that forces religious organizations to adhere to LGBTQ policies.  

Mother Marie Edward, O.P., explained to Fox News Digital that they will not set their faith aside under the threat of fines, loss of licensing and even jail time. She noted that they ask nothing from the state and ask to be allowed to offer charity without abandoning their religious principles:

“We are consecrated religious Sisters and have one mission. It is to provide comfort and skilled care to persons dying of cancer who cannot afford nursing care. We do not take insurance or government funds or money from our patients or families. The care is totally free…

We are supported by the goodness of our benefactors. We do this without discriminating on the basis of race, religion, or sex. We do it because Jesus taught us that, when the least among us are sick, we should care for them, as if they were Christ himself.”

The Dominican Sisters of Hawthorne, who run Rosary Hill Home in Hawthorne, New York, objected that the law requires them to assign rooms by gender identity, not biological sex; allow access to opposite-sex bathrooms and coerce speech recognizing identities and relationships that violate Catholic values. It would also require staff training on gender ideology and the posting a public notice stating compliance with these demands.

According to a press release from the Catholic Benefits Association, the  New York State Department of Health sent the first in a series of “Dear Administrator” letters to the Hawthorne Dominicans’ Rosary Hill Home demanding compliance despite their religious objections. The nuns note that they have never had a single complaint filed over the treatment of its residents.

If they do not comply, the nuns face fines up to $2,000 per violation that increase up to $10,000 as well as the loss of licensing and up to one year in prison.

Hochul remains committed to compelling the nuns to comply — a position that may prove costly with Catholic voters in the upcoming election.

The Supreme Court has repeatedly struck down anti-discrimination laws compelling speech or conduct in violation of religious values.

For example, in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania (2020), the Supreme Court ruled 7-2 in favor of the Little Sisters of the Poor, allowing the Catholic nuns to refuse to provide contraceptive coverage in their health plans.