A Minnesota mom who sued her daughter for starting gender transition without her permission has lost her case.
Anmarie Calgaro sued her 17-year-old child, referred to only as E.J.K in court memos, in November last year.
She also sued Saint Louis County, two nonprofit health care providers, the St Louis School Board and the principal at her daughter’s school, and the director of the county’s Health and Human Services agency. They all helped her daughter.
At the time Calgaro argued her daughter starting gender confirmation violated her parental rights.
Her daughter was considered ‘emancipated’ – ie being treated as an adult although she is underage – without parental consent, which Calgaro also considered a violation of her rights.
She wanted to have her parental rights reinstated, and to stop health care providers from offering E.J.K. further treatment.
Now Calgaro lost the lawsuit.
Judge Paul Magnuson concluded the defendants cannot be held liable as they are legally unable to declare EJK emancipated and ‘did not act under color of state law’.
The case was thrown out on this basis.
In Minnesota a minor can only become emancipated if a state court makes the decision.
He also dismissed any claims Calgaro might raise against E.J.K. .
Throughout the process, including documents from her lawyers, Calgaro still referred to her child as a son and used male pronouns.
This is despite a doctor’s letter, dated Januar 2016, stating the teen ‘has had appropriate, permanent clinical treatment for transition’ and should receive new identity documents as a female.
According to NBC, who quote court documents, she first came out as gay at around 13, after which her mom and stepfather became verbally and physically abusive.
Two years later, when she was 15, she moved in with her father after Calgaro gave her permission.
E.J.K. then moved to her grandmother and also lived with a number of friends before moving into her own apartment.
She started gender confirmation treatment in 2015, NBC said.
‘I was not pressured in any way by my providers to consent to this treatment,’ the teen said in court papers.
‘My providers had no involvement in my decision not to involve my mother in my health care decisions.’
E.J.K. will turn 18 this summer; she is set to – or has already – graduated high school this spring, and has been accepted into a numner of college nursing programs.
Calgaro is being represented by lawyers from the Thomas More Society, a conservative, pro-life Chicago law firm.
They have already announced they want to appeal to the US Court of Appeals for the 8th Circuit.