State agrees to exempt Catholic groups on Medical Aid in Dying Act during court fight

ALBANY — The state has agreed to a narrow temporary restraining order on the Medical Aid in Dying Act, just days before a court hears arguments in a lawsuit filed by Catholic nuns and ministries seeking to avoid providing information about the law.

The state voluntarily agreed that it won’t seek to compel the plaintiffs to comply with the new law while the case is ongoing, according to an order signed by U.S. District Judge Anne Nardacci.

The order as written applies to the plaintiffs in the case, not all healthcare professionals and entities.

Still, the groups hailed the development.

"This agreement is an important first step toward protecting religious freedom," said Bishop John O. Barres of the Diocese of Rockville Centre. "Until our legal fight is resolved, this temporary agreement keeps our ministries free to serve every patient according to the Gospel."

At issue is the Medical Aid in Dying Act, which is set to go into effect Wednesday. It would allow mentally capable adults who have six months or less to live to request life-ending medication prescribed by a physician to "hasten" the end of their lives.

Separately, another state law, known as the Palliative Care Information Act, requires healthcare providers to inform terminally ill patients of their scope of treatment options.

The Catholic groups that filed the lawsuit include the Diocese of Rockville Centre, the Catholic Health System of Long Island, the Carmelite Sisters for the Aged and Infirm and the Missionary Sisters of St. Benedict, which operates St. Joseph's Home for the Aged, an assisted living facility in Huntington.

They assert that if they are forced to provide information to patients in palliative care about their options, including "aid in dying," they are participating in physician-assisted suicide.

Oral arguments regarding the groups’ request for a temporary injunction were slated to be made before Nardacci on Monday. That proceeding now will probably be rescheduled for a later date, according to the law firm representing the plaintiffs.

The law already contains various opt-out provisions. One allows religious healthcare groups to decline to prescribe or administer life-ending drugs. Religious facilities may prohibit medically assisted suicide from occurring inside their institutions, and they can restrict their employees from being involved in the process.

When the lawsuit was filed earlier in July, Gov. Kathy Hochul’s office issued a statement saying: "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. 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." 

By Yancey Roy

yancey.roy@newsday.com@yanceyroy