Several Catholic orders and health care ministries have filed a federal lawsuit against New York, seeking to block the state's Medical Aid in Dying Act (MAID) before it takes effect on August 5. The plaintiffs argue the law would force them to violate their religious beliefs by requiring participation in physician-assisted suicide procedures and counseling.

Explainer Free Speech Battles: Navigating Rights and Censorship in Modern Society

The case highlights a clash between state end-of-life policy and religious freedom claims, with the plaintiffs seeking immediate court intervention to prevent enforcement of the law against them.

Details of the Lawsuit

The lawsuit, Carmelite Sisters for the Aged and Infirm v. James, was filed on July 20 and names U.S. District Judge Anne Nardacci as the presiding judge. The Catholic groups, represented by Becket — Religious Liberty for All, contend that MAID and the related Palliative Care Information Act (PCIA) compel religious providers to inform and counsel terminally ill patients about the option of physician-assisted suicide, which they say is contrary to Catholic doctrine. The plaintiffs argue that the law's exemption for religious or moral objectors is too narrow, applying only to the act of prescribing life-ending drugs and not to earlier steps in the process.

"The exemption is far too narrow because it forces our clients to participate in every other step of the process."

— Laura Slavis, counsel for Becket

Becket counsel Laura Slavis told The Federalist that the law's opt-out provision does not protect all religious facilities, noting that some, such as adult care homes with enhanced assisted living certification, are not covered at all. Slavis said, "It just does not qualify at all for even the exemption from prescribing."

The plaintiffs assert that the First Amendment's free exercise and compelled speech protections shield them from being required to participate in or promote physician-assisted suicide. Their complaint cites several Supreme Court precedents, including NIFLA v. Becerra and Fulton v. City of Philadelphia, to support their claims that the state must use the least restrictive means when burdening religious exercise.

Judge Nardacci, a Biden appointee, has previously ruled in favor of New York in cases involving state guidance on public school board speech and a law permitting unauthorized immigrants to obtain driver’s licenses. It is not clear how she will rule in this case.

The Catholic plaintiffs have requested that Judge Nardacci issue an emergency order barring enforcement of the MAID Act and PCIA provisions against them before the law takes effect. A hearing on their emergency motion is scheduled for August 3.

New York officials have not publicly responded to the lawsuit. The outcome could set a precedent for how religious health care providers are treated under state end-of-life laws.

The dispute comes as legal and political battles over physician-assisted suicide and religious liberty continue to play out nationwide, with courts weighing the limits of state authority and constitutional protections for faith-based organizations. Physician-assisted suicide remains a contentious issue in the United States, with several states enacting laws permitting the practice under strict conditions, while others have rejected such measures on moral or ethical grounds. The New York law, set to take effect in August, is among the most recent to be challenged on religious liberty grounds.

Implications for Religious Health Care Providers

The Catholic groups involved in the lawsuit operate a range of health care facilities, including nursing homes, adult care homes, and ministries serving the elderly and infirm. They argue that the MAID Act and PCIA would force them to choose between complying with state law and adhering to their religious convictions. According to their complaint, even being required to inform patients about the availability of physician-assisted suicide or refer them to providers who will participate in the process would violate their beliefs.

The plaintiffs maintain that the law's current exemption is insufficient, as it only allows providers to opt out of prescribing life-ending medication, but not from other forms of participation, such as counseling or providing information. They argue that this narrow exemption fails to protect the full scope of their religious exercise and could expose them to legal penalties or loss of licensure if they refuse to comply.

Legal experts note that the outcome of this case could have significant implications for the balance between state interests in expanding end-of-life options and the constitutional rights of religious organizations. If the court sides with the plaintiffs, it could prompt other states to revisit the scope of exemptions in similar laws and potentially reshape how such statutes are implemented nationwide.

Next Steps

A hearing on the emergency motion for an injunction is scheduled for August 3, just days before the law is set to take effect. The court's decision on whether to grant temporary relief will be closely watched by both advocates and opponents of physician-assisted suicide, as well as religious liberty groups across the country.

For more details, see the original report in The Federalist and the full complaint from Becket here.

The Bottom Line

  • Judge Anne Nardacci will hear the Catholic nuns' emergency motion on August 3.
  • The lawsuit challenges New York's MAID Act and related counseling mandates as unconstitutional for religious providers.
  • State officials have not yet responded to the suit; the law is set to take effect August 5.