Are religious brothers/sisters lay or ordained?

The answer is typically neither!

This is a tough question.

Ordered life in and of itself is not considered laity or holy orders (i.e. priest, deacon). Religious are set apart as having “consecrated life” that subscribe to a specific rule of life. They do not fall into either category, it exists in a separate space.

By virtue of this, some religious serve as extraordinary ministers or in other ministerial roles that sometimes overlap with duties traditionally seen as clerical. Religious are not inherently granted faculties as ministers of the sacraments. Instead, they usually serve as educators, chaplains, counselors etc. since it is customary for them to acquire proficiency in pastoral care with significant theological education.

However, some religious are also ordained or in the process of becoming ordained. This is an entirely distinct vocation. In the Dominican styling, we refer to brothers who are not called to ordination, not as “lay brothers”, but rather “cooperator brothers” who live out and enjoy a full vocation. In new monasticism, generally speaking, religious brothers and sisters are subject to their direct superior (prior/abbot, etc), and are not usually under the jurisdiction of the local diocese (although this varies). Dominicans have traditionally been granted dispensation to have preaching faculties wherever they go without needing to seek permission from the local Bishop. Diocesan clergy are usually subject to the authority of the local ordinary (the Bishop (s)).