Catholic Nuns Score Early Win Against Hochul’s ‘Culture of Death’ Law

New York’s Medical Aid in Dying Act takes effect Wednesday, but state officials will not be allowed to enforce its disputed provisions against four orders of Catholic religious sisters and the healthcare ministries that sued Attorney General Letitia James.

U.S. District Judge Anne M. Nardacci signed a consent order July 30 after the plaintiffs and state officials voluntarily agreed to a temporary restraining order. The protection remains in place until Nardacci denies the plaintiffs’ emergency motion, grants the state’s anticipated motion to dismiss, or issues another order lifting it.

New York blinked before the law’s first day.

The Medical Aid in Dying Act allows a terminally ill adult New York resident with six months or less to live to obtain medication that the patient may self-administer to cause death. Gov. Kathy Hochul signed the measure on February 6, giving the state six months to prepare for its August 5 effective date.

The law requires two physicians to confirm the diagnosis and prognosis. Patients must also undergo a mental health evaluation, make a recorded oral request, submit a written request, and wait five days before the medication may be dispensed.

The Catholic plaintiffs do not prescribe, counsel about, refer for, or, God-willing, ever allow assisted suicide at their facilities. They filed suit July 1, arguing that the new law, when combined with New York's Palliative Care Information Act, would force them to participate in steps leading to assisted suicide despite their religious objections.

As RedState reported, the lawsuit was brought by the Carmelite Sisters for the Aged and Infirm, the Dominican Sisters of Hawthorne, the Missionary Sisters of St. Benedict, and the Little Sisters of the Poor. The Diocese of Rockville Centre, Catholic Health, and several Catholic nursing and assisted-living facilities joined them.

Their complaint said New York had presented the ministries with a choice: “Either abandon their religious beliefs regarding the sanctity of life or face significant fines and penalties.”

According to the complaint, violations could expose providers to civil penalties of up to $2,000 per violation, criminal fines, as much as one year in jail, and professional discipline that could include license suspension or revocation.

The temporary order now bars James, state Health Commissioner James McDonald, and state medical board officials from requiring the plaintiffs or those working for them to: “provide information and counseling about the use of medication for medical aid in dying.”

The protection goes considerably further. State officials cannot require the ministries to establish assisted-suicide policies, arrange counseling by another provider, refer or transfer patients to a willing provider, document requests, evaluate whether a patient qualifies, permit the drugs to be prescribed or taken on their premises, or record the underlying terminal condition as the cause of death.

They also cannot punish the ministries for imposing employment consequences on workers who assist with suicide in violation of the ministries’ religious beliefs.

That list is revealing. Albany has insisted that healthcare providers will not be forced to participate. Its consent order needed eight separate prohibitions to ensure Catholic nuns could continue caring for the sick and elderly without assisting in their deaths.

New York did not concede the merits of the lawsuit. The order explicitly states that the agreement does not constitute an admission that the disputed conduct is required by law. State officials may also continue developing regulations and enforcing the law against people and facilities that are not parties to the case.

The reprieve is narrow. And temporary.

New York’s assisted-suicide law still arrives Wednesday. For now, however, the state has agreed that these Catholic sisters and ministries cannot be forced to choose between their faith and the patients they have spent generations caring for.

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