Medical aid in dying law would force LI Catholic nuns, ministries to 'abandon' their beliefs, Federal suit claims

A new state law that would allow life-ending medication to be made available to some terminally ill residents will force Catholic nuns and ministries, including several from Long Island, to "abandon their religious beliefs" or face fines, according to a federal lawsuit seeking to force changes to the law before it goes into effect next month.

On Friday, four orders of Catholic nuns, including the Missionary Sisters of St. Benedict, which operates St. Joseph's Home for the Aged, an assisted living facility in Huntington, were joined by the Rockville Centre Diocese and the Catholic Health System of Long Island in filing the suit in New York's Northern District.

The other plaintiffs include the Carmelite Sisters for the Aged and Infirm, the Dominican Sisters of Hawthorne, the Little Sisters of the Poor and nursing homes in Queens, the Bronx, Westchester, Hartsdale and Hawthorne.

'A stark choice'

The suit names State Attorney General  Letitia James, Health Commissioner James McDonald and Michael Iannuzzi, the interim chair of the New York State Board of Professional Medical Conduct, as defendants and argues the law violates multiple aspects of the U.S. Constitution's First Amendment, the Americans with Disabilities Act and the Affordable Care Act.

The complaint asks the court to block implementation of the law before it takes effect on Aug. 5 or to create a limited "opt-out" allowing religious institutions to not participate in advising terminally ill individuals about their options under the Medical Aid in Dying Act.

The bill, which was signed into law by Gov. Kathy Hochul in February, allows mentally capable adults who have six months or less to live to request life-ending medication prescribed by a physician to "hasten" their death. Another state law, known as the Palliative Care Information Act, requires healthcare providers to inform terminally ill patients of their scope of treatment options.

"New York has put the Sisters to a stark choice: either abandon their religious beliefs regarding the sanctity of life or face significant fines and penalties," the suit states. "Through its euphemistically named Medical Aid in Dying Act, which builds upon requirements in the Palliative Care Information Act, New York has conscripted even religious healthcare providers and institutions to participate in the provision of physician-assisted suicide."

The act already includes an exemption that allows religious healthcare groups to opt out of prescribing or administering life-ending drugs. Religious facilities and their affiliates can also prohibit  medically  assisted suicide from occurring inside their institutions. They can also restrict their employees from being involved in the process and can sanction any employees that do participate.

"While we cannot comment on any pending litigation, under this historic legislation participation is entirely voluntary, and religious facilities have the right to opt out if they choose to do so," Hochul's office told Newsday in a statement. "What this law does is allow terminally ill New Yorkers with less than six months to live to make a voluntary, informed decision. It reflects years of thoughtful planning and consideration. The Department of Health is working on regulations that will implement the law thoughtfully and responsibly."

Opt-out language questioned

But Catholic health groups say they would still be mandated under the law to counsel patients on all of their end-of-life options while helping them work through the qualification process and how to obtain the drugs. Violations of the law are punishable by up to $2,000 per violation, the risk of license revocation or up to one year in prison.

"This law is going to require my clients to take steps that would violate their Catholic beliefs," Ben Fleshman, one of the suit's lead attorneys, told Newsday in an interview. "That's a real problem for them because they have very firm beliefs about how to approach end-of-life care for people who are coming to the end of their days."

The act, first introduced in Albany in 2016, would allow New Yorkers 18 or older with a medically confirmed terminal illness and who have six months or less to live to take life-ending pharmaceuticals from a physician.

Two doctors would have to confirm the prognosis. A candidate would have to be mentally competent to make an informed decision without being coerced and be able to self-administer and ingest the medication.

Advocates argue the measure provides terminally ill patients with an informed choice that allows them to end their life with peace and dignity.

Critics, however, contend the state should expand palliative and hospice care, mental health services and family caregiver support to the terminally ill.

"We will never submit to New York’s culture of death," Bishop John O. Barres of the Diocese of Rockville Centre said in a statement. "Assisted suicide is a grave moral failure that puts the elderly, the disabled, and those suffering from mental and emotional illness at risk of abuse and manipulation."

Catholic Health, which has six hospitals on the Island, behind only Northwell, and which opposed the measure, did not respond to a request for comment on the lawsuit.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.