The U.S. Supreme Court has just held oral arguments, by telephone, in a case called Little Sisters of the Poor v. Pennsylvania. Who are the Little Sisters of the Poor? The short answer: a religious community of nuns. Their founder, Saint Jeanne Jugan (1792-1879), was canonized by Pope Benedict XVI in 2009.

It is ironic that their name has become associated with litigation because Jeanne did her work in obscurity, and the Sisters’ ministry is to a group too often overlooked – the elderly poor.

The pandemic has highlighted the increased vulnerability of the elderly. They aren’t at risk just for COVID-19, but for much more. This is particularly true for the elderly experiencing poverty and those who are in need of long-term care.

These individuals need financial assistance, to be sure, but also have emotional and mental health needs that are just as important. They require caring and emotional support, a sense of belonging and of not being an unwanted burden or an anonymous recipient of help. This is why organizations that voluntarily sacrifice to offer such personal long-term care, such as many charitable institutions and religiously motivated organizations, deserve particular consideration at this time and protection under the law.

The Institute for Social and Policy Studies at Yale notes:

The median annual cost of a nursing home is over $87,000. This expense, which can persist for several years, is largely paid out of pocket by the elderly and their families until they are left with no savings. For most Americans, it is only at that point – impoverishment – that any form of social insurance kicks in. Social Security and Medicare largely ended elderly poverty but catastrophic long-term care needs still push many into poverty.

The Department of Health and Human Services estimates that, on average, 70% of those turning 65 today will need some kind of long-term care and 20% of them will for more than 5 years.

Government safety nets can only do so much. They provide for emergency and short-term needs but often struggle to respond to chronic or long-term needs. Additionally, while government programs can offer financial aid, they cannot provide the lasting personal connection that fills requirements of emotional and mental health.

That type of care is most likely to come from family, but that creates additional challenges. Death or divorce may mean that a spouse is not there to care for someone with long-term needs. Even a present spouse may have their own health challenges that make providing care difficult. Falling birth rates over past decades have meant that there may be fewer family members to offer care.

In these circumstances, the charitable sector – especially religious nonprofits – fills an essential gap. For example, the Little Sisters of the Poor. Many know that name because the organization has been involved in drawn-out litigation over whether government regulations can be adjusted to allow them to pursue their mission without violating their conscience.

That, however, does a disservice to the really critical and inspiring work they do.

The mission of the Little Sisters of the Poor, an organization of Catholic nuns, is “to offer the neediest elderly of every race and religion a home where they will be welcomed as Christ, cared for as family and accompanied with dignity until God calls them to himself.”

A recent profile of the Little Sisters in The Atlantic notes, “Small facilities run by religious orders, including the Little Sisters’ network of more than two dozen homes in the U.S., … fill a major vulnerability in the U.S. health-care system, taking on a significant number of poor patients on Medicare or Medicaid.” Referencing the current pandemic, the author says, “In many ways, the Little Sisters were founded for a moment like this: The nuns take a special vow of hospitality, promising to accompany the elderly as they move toward death.”

The Little Sisters are an inspiring example of what the good people of faith do through public expressions of their religion. Motivated by religious purpose, love, and a sense of accountability to God, they provide care that really could not be provided in the same way by anyone else. Even those who do not share their beliefs can recognize the immense power their religious faith has to motivate their merciful efforts and – by so doing – acknowledge the value of legal protections for such religious expression.

Whether we as individuals identify as religious or not, we are all better off because the Little Sisters of the Poor do what they do. There is nothing wrong with crafting our laws and court decisions in recognition of that fact. In a time of a pandemic disease exacting a dramatic toll on millions of elderly Americans – especially those with limited income – the religious self-sacrifice enabled by such legal protection can make the difference between life and death.