“Even assuming defendants determined E.J.K. emancipated—as the court must do at this stage of litigation—defendants’ emancipation determinations did not terminate Calgaro’s parental rights. Only a court order can do so.” Magnuson also defended St. Louis County and its school district saying that Calgaro had failed to provide any evidence that they intentionally deprived her of her parental rights without due process.
A federal judge has dismissed a lawsuit filed by a Minnesota mother who accused school officials, health care providers and doctors of violating her parental rights for letting her daughter undergo a sex change without her permission.
Senior U.S. District Judge Paul A. Magnuson tossed out the suit on Tuesday, calling its claims “meritless,” the Minnesota Star Tribune reported.
Anmarie Calgaro made international headlines last year after she sued her 17-year-old transgender daughter, as well as multiple state agencies for their role in assisting the teenager—who goes by the initials E.J.K— transition from male to female.
“I was not consulted or informed about this in any way” she told the press at the time.
Her lawsuit challenged a Minnesota law that allows minors to access medical care and procedures without their parent’s consent.
Calgaro claims that Park Nicollet and Fairview Health Services—two named defendants in the suit—began providing E.J.K with hormone therapy without her consent in November last year.
When Calgaro asked the clinics for E.J.K.’s medical records, they refused, she says. According to the suit, St. Louis County School District also rejected her request to access her daughter’s school records.
At the heart of the case lies E.J.K’s legal emancipation from her mother. Minnesota does not have a formal process to determine children’s emancipation from their parents, but the law generally considers financially independent minors who live separated from their parents to fall under that definition.