“Not only was I robbed of the opportunity to help my son make good decisions,” Calgaro said at a news conference, “but I also feel he was robbed of a key advocate in his life, his mother.”
What complicates the case is Calgaro’s relationship with her daughter, which was described as estranged in a letter attached to the complaint. The letter, from Mid-Minnesota Legal Aid, declared the teenager legally emancipated under state law in June 2015 due to “conduct by the parent in giving up control and custody of the minor.”
At that time, the teenager told Legal Aid she had been living separately from Calgaro for at least six months and was working two jobs to financially support herself while enrolled in high school and college courses. Calgaro, the teen claimed, knew where her daughter was staying but “made no attempts” to bring her home, contact her or report her as a runaway to authorities.
That, Legal Aid determined, made the teen “legally emancipated,” even though there was no court order. The designation would automatically qualify the teen for health care through social service programs, allowing her to make medical decisions — even elective ones — without parental consent.
The teen decided to begin transitioning from male to female.
“Suddenly, my son, without any notice to me, no longer was under my supervision,” Calgaro said at Wednesday’s news conference.
On Wednesday, November 16th, a northern Minnesota mother filed a civil rights lawsuit in federal district court. She is asking the court to restore her 14th amendment constitutional due process rights which she claims were violated when her parental rights were suddenly and arbitrarily removed. [See press release.]
In June, 2015, without her knowledge, consent, or involvement, Anmarie Calgaro’s fifteen-year-old son obtained a “Notice of Emancipation” from Mid-Minnesota Legal Aid, a nonprofit agency that provides free legal services to low income people.
Using this document alone, state agencies and private services shut Anmarie out of every important physical, emotional, and educational decision her minor son was making. Suddenly and without notice, she no longer had access to his school or health records. Without her consent, the state issued him a state driver’s license and county health services approved housing and other county services.
A private health service began prescribing dangerous hormonal drugs to ‘transition’ him from male to female. This health service never consulted her, even though these controversial and largely untested drugs cause potentially irreversible effects and have unknown long-term risks. He was even prescribed narcotics from another health service. Clearly, Anmarie’s God-given and constitutionally protected parental rights have been violated. And her responsibilities to care for her son’s physical and emotional health and safety have been blocked by the actions of these agencies and services. She has been denied the chance to plead her case in court.
Anmarie, her family, and her son have been grievously harmed by this unconstitutional collusion of groups that exclude her from the on-going medical, physical, and emotional care and education of her own child. Outside agencies cannot fully understand the physical background, personal struggles, insecurities, strengths, weaknesses, fears and dreams of her child without talking to her. Nor can a struggling child of sixteen be considered capable of making fully informed and life changing decisions like this. For his safety and for his welfare, Anmarie wants and needs to be involved.
The Minnesota Child Protection League (MN CPL) is supporting Anmarie’s legal challenge because her rights and the welfare of her son have been outrageously trampled upon. MN CPL is also supporting her legal challenge because this is happening to other families around the country. [See MN CPL statement.] Attorney Erick Kaardal filed the complaint on Anmarie’s behalf with the support of the Thomas More Society of Chicago, a national nonprofit public interest law firm.
Anmarie is asking the courts to declare that her due process rights under the 14th amendment of the Constitution have been violated, and to restore her full parental rights. She wants to help her son. She also wants to help other families in similar circumstances who have been deprived of their parental rights to help their own children. [See Anmarie’s statement.]
The Minnesota Child Protection League (MN CPL) exists to protect children from exploitation, indoctrination and violence. For more information regarding this case, please go to MN Child Protection League.Posted by Emily Gruenhagen on Wednesday, November 16, 2016
By January of this year, the teenager had undergone enough “appropriate, permanent clinical treatment for gender transition” that her physician at Park Nicollet Health Services, one defendant in the lawsuit, wrote a letter declaring that the teen could legally change her name.
But when the teen petitioned in court to change her name, Calgaro objected, and a St. Louis County District Court judge dismissed the application. The judge ruled that state law requires a parent to petition for a name change on behalf of a minor unless the child is legally emancipated, and until the legal question was answered, the court could not accept the application.
The suit claims that Minnesota law violates the U.S. Constitution by denying parental and due process rights.
“She is not getting her day in court,” Calgaro’s attorney, Erick Kaardal, said at the news conference.
Aside from the teen daughter, who is not named because of her age, the other defendants in the lawsuit include St. Louis County, the interim director of the St. Louis County Public Health and Human Services, nonprofit corporations Fairview Health Services and Park Nicollet Health Services and the St. Louis County District and its principal.
Calgaro is being represented by the Thomas More Society, a public interest law firm that is known for litigating cases that involve antiabortion and religious liberty causes, including representation of the man who attempted to buy human organs in an attempt to frame Planned Parenthood, reported NBC OUT, which is part of NBC News.
Advocates for LGBTQ rights and transgender youth criticized the lawsuit, the attorneys and the mother for “mis-gendering” the teenage girl by referring to her as “son” and using male pronouns.
“Purposefully mis-gendering a transgender person is an act of violence,” David Edwards, of Transforming Families, told NBC OUT. “To continually do that to your child is not only insensitive but also really harmful.”
Calgaro said during the news conference Wednesday that she doesn’t oppose her child’s gender transition.
“I just want him to slow down,” she said.
This post has been updated with a correction. The man in the Planned Parenthood case was indicted for attempting to buy human organs.