Mom asks Supreme Court to take up appeal against school for giving son gender transition treatments
A mother is asking the U.S. Supreme Court to review a case centered on Minnesota officials providing her son with gender transition treatments without her consent, even though he was a minor at the time.
The Thomas More Society filed a petition for a writ of certiorari to the Supreme Court on Wednesday afternoon on behalf of Anmarie Calgaro, who is suing St. Louis County officials over their involvement in her child’s gender transition.
Society Special Counsel Erick Kaardal said in a statement emailed out to supporters that the case was “a parent’s worst nightmare.”
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“Calgaro’s child, while a minor, was steered through a life-changing, permanent body altering process, becoming a pawn in someone else’s sociopolitical agenda and being influenced by those who have no legal or moral right to usurp the role of a parent,” stated Kaardal.
“This is an unacceptable situation for any parent and a serious violation of parental and due process rights.”
In November 2016, Calgaro sued St. Louis County, Fairview Health Services, Park Nicollet Health Services and the St. Louis County School District for providing her son with gender transition treatments without her consent.
School officials argued that the child, called "E.J.K.” in court documents, should be treated as an emancipated minor because he was living on his own and had an emancipation letter, albeit one that was not legally binding.
In May 2017, District Court Judge Paul Magnuson ruled against the mother, arguing that each of the various parties, including the school district, could not be sued for violating parental rights.
"The School District argues that Calgaro has failed to plausibly allege that the execution of a School District policy or custom caused the deprivation of Calgaro's parental rights. The School District is correct," ruled Magnuson.
"Calgaro fails to provide any facts that the School District executed a policy or custom that deprived Calgaro of her parental rights without due process."
E.J.K. stated in court papers that he wanted to undergo gender transition treatments to become a female and was not coerced by the school district to do so.
“I was not pressured in any way by my providers to consent to this treatment,” said the teenager, as reported by NBC News. “My providers had no involvement in my decision not to involve my mother in my health care decisions.”
The Thomas More Society appealed the decision and argued their case before a three-judge panel of the U.S. Court of Appeals for the Eight Circuit.
"There's a real disconnect in the District Court decision where the mother's parental rights are admitted but not honored," stated Kaardal last year.
"At the same time, the District Court claims those agencies which are clearly violating Calgaro's acknowledged rights are doing nothing wrong."
In March, the Eight Circuit panel ruled against Calgaro, with Judge Steven M. Colloton authoring the unanimous opinion that affirmed the lower court decision.
“Calgaro’s remaining claims for declaratory and injunctive relief against the several defendants are moot. E.J.K. has turned eighteen years old, ceased to be a minor under Minnesota law, and completed her education in the St. Louis County School District,” wrote Judge Colloton.
“There is no ongoing case or controversy over Calgaro’s parental rights to make decisions for E.J.K. as a minor or to access her medical or educational records. That Calgaro has three other minor children does not preserve a controversy.”
