Posted on 05/30/2017 9:36:40 AM PDT by SeekAndFind
A federal judge has dismissed a lawsuit filed by a Minnesota mother against her teenage child along with school officials and healthcare providers on the grounds that they violated her parental rights by treating her son with a hormone therapy to start transitioning into a girl even though he hadn't been granted court approval to be legally emancipated from his parents.
Senior U.S. District Judge Paul A. Magnuson dismissed the suit this week, saying Anmarie Calgaro's claim was "meritless," according to the StarTribune.
Calgaro filed the suit, with the help of lawyers from the Thomas More Society last November, against St. Louis County, the St. Louis County School District, the county's Health and Human Services, Fairview Health Services and Park Nicollet Health Services, accusing the parties of usurping her parental rights by granting her 17-year-old son de-facto emancipation from his mother even though a court never awarded his son legal emancipation.
Her son will turn 18 this summer.
The lawsuit challenged a state law that allows minors to access medical care and procedures without their parent's consent.
Although the emancipation has no legal standing in court and the St. Louis County District Court ruled in January that the child could not even change his legal name without parental permission, the school district, the department of health and human services and the medical providers all treated Calgaro's son as if he was legally emancipated from his mother and wouldn't give Calgaro any access to his records or decision-making ability in regards to his health or education.
Moreover, she was not consulted before the St. Louis County Public Health and Human Services paid for Park Nicollet Minneapolis Gender Services to give the boy hormone replacement treatment and Fairview Health Services to provide him with narcotics.
The mother's lawyer, Erick Kaardal, was quoted as saying that Calgaro is considering an appeal. He also maintained that the agencies' actions constituted a form of "administrative emancipation" that violated the mother's parental rights. "On the legislative front, people on the left and on the right believed that emancipation procedures in Minnesota should be put in statutes and codified," he said. "But until then, it's confusing and the court's decision hasn't cleared up that confusion."
The lawyer earlier explained, "Under the judicial website, you will see that the court says that if you are a teenager, you can file a common law petition for emancipation. That's fine. But here, J.D.K. (as the son was named in the lawsuit) didn't need that court petition for emancipation because the governmental agencies here — the school district, the county, other state agencies — just treated him as emancipated anyway. So, if there had been a court order on emancipation, then Anmarie would have received a notice of opportunity to be heard. But here, because of the way the county operates, the way state operates, the way the school district operates, the way the medical providers operate, Anmarie doesn't have any right to notice to be heard in court."
Calgaro earlier said, "I believe my constitutional civil rights to have my case heard in a court of law has been stripped from me. If this had been a child custody case, I would have had my day in court. If my son were being placed in foster care, I would have had my day in court. Or if he had been referred to child protection, I would have had my day in court.
"I am firmly committed to what is best for me son. I am his mother and he has always been and always will be welcome in our home," she added. "As a mother, I know his physical and emotional needs in a way no one else can. I also have a commitment to him that no one else has. I feel that not only was I robbed of the opportunity to help and guide my son make good decisions but I also feel that he was robbed of a key advocate in his life — his mother."
I wonder what the ruling would’ve been if the child was receiving conversion therapy against the mother’s wishes?
It takes a village...nope. Raising a Village to Take Your Child.
Super glue their hands to their faces first... Makes it appear that they’ve ripped their own heads off.
Child abuse by government.
Yep, bottom line, they are mad at God.
She probably gave the kid one too many chicken nuggets too. It takes a village.
I’m shocked. This is an 80-year old Reagan judge.
Magnuson, Paul Arthur
Born 1937 in Carthage, SD
Federal Judicial Service:
Judge, U.S. District Court for the District of Minnesota
Nominated by Ronald Reagan on September 28, 1981, to a seat vacated by Edward J. Devitt. Confirmed by the Senate on October 29, 1981, and received commission on October 29, 1981. Served as chief judge, 1994-2001. Assumed senior status on February 9, 2002.
Education:
Gustavus Adolphus College, B.A., 1959
William Mitchell College of Law, J.D., 1963
Professional Career:
Private practice, St. Paul, Minnesota, 1963-1981
Adjunct faculty, William Mitchell College of Law, 1982-1989
Instructor, Hamline University School of Law, 1987-1989
He’ll still have to get parent consent to get his ears pierced.
Or to get an aspirin.
Yeah and then there’s the bathroom issue and when does it officially play on the girl’s team to squash them.
Time for some local officials to be fitted with some concrete swimming shoes !
It’s pretty sick out there and it’s getting sicker every day.
It “is merely another form of rebellion against God.”
Absolutely right.
Remember that Barry Goldwater went bonkers in his later years, young girlfriend changed his view on a lot of things.
No, no, it is way past time.
So the state can not only brainwash your child but perform radical invasive medical treatments to fundamentally change them... and put htem at a much higher suicide risk- Yup- the gubmint is allowed to harm our kids apparnetly
so, will this woman refuse to take her son to any more treatments and meet anyone who tries to force her to with a gun at her front door? Nope- probably not- Call the court’s bluff- take a stand, and send a loud clear message that the son will only get treatment over her dead body- the government will likely take her by force- but she will have done the right thing- and put a very important topic front and center- who has the RIGHT to raise our kids?
Dear Minnesota mom, your neighbors voted for this. No government should get between parents and kids. If he was 18, and out working without government assistance, then he could call itself a cat if he wants. Mom, tell it that you won’t have anything to do with it.
>Nope- probably not- Call the court’s bluff- take a stand, and send a loud clear message that the son will only get treatment over her dead body- the government will likely take her by force- but she will have done the right thing- and put a very important topic front and center- who has the RIGHT to raise our kids?
The jails have plenty of people like that. The media won’t report her story and her sacrifice will be meaningless. If you want to defy the law it must be a group effort with lots of armed people protecting her and a PR arm generating public support.
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