Judge Dismisses Mother’s Lawsuit Over Her Son’s Transition to a "Girl" – The New American
Posted: June 1, 2017 at 10:47 am
A federal judge in Minnesota dealt a devastating blow to parental rights last week. Senior U.S. District Judge Paul Magnuson dismissed a lawsuit brought by a mother who accused school officials, healthcare providers, and doctors of violating her parental rights by assisting her son with gender transition without the mothers consent.
Anmarie Calgaros case made international headlines last year when she sued her teenage son known only as EKJ for undergoing a sex change through hormonal therapy without her permission, as well as numerous state agencies for the role they played in helping him to transition from male to female. Calgaros lawsuit claimed that she was neither consulted nor informed about the transition, thereby stripping her of her constitutionally protected parental rights.
The U.S. Constitution says that parental rights are fundamental rights, that cant be terminated without due process, said Calgaros attorney, Erick Kaardal of the Thomas More Society.
At particular issue in Calgaros lawsuit was a Minnesota law that allows minors to undergo medical care and procedures without parental consent. According to Calgaros suit, Park Nicollet and Fairview Health Services began providing hormone therapy to her son in November without consulting Calgaro or even informing her about it. Calgaro also argued that St. Louis County violated her parental rights by providing government assistance in the form of medical payments to cover the costs of the childs transition.
Calgaro indicates she is fighting for parents to be included in their minors medical decisions.
"I'm also taking this action for the benefit of all parents and families, who may be facing the same violation of their rights so that they and others in the future may be spared from the same tragic events," she opined.
Sadly, some media outlets portrayed Calgaro less as a champion of parental rights and more as an anti-LGBTQ activist, even quoting critics who took issue with Calgaros and her attorneys repeated references to her son as male, which of course squares with reality, but not with her sons desire to be acknowledged as female.
For Calgaro, however, the case is not about her son's transgenderism, but with his ability to obtain medical treatment without her knowledge or consent, particularly potentially harmful treatment. At a press conference, Calgaro told reporters that "The transitioning thing isn't even the issue, the issue is that he's able to make these [medical] decisions."
In fact, scientists suggest that it is psychologically harmful for adolescents to undergo hormonal therapy in the name of transgenderism, as most children outgrow gender confusion.
"Children are a special case when addressing transgender issues. Only a minority of children who experience cross-gender identification will continue to do so into adolescence or adulthood, a study in The New Atlantis reads.
There is little scientific evidence for the therapeutic value of interventions that delay puberty or modify the secondary sex characteristics of adolescents, although some children may have improved psychological well-being if they are encouraged and supported in their cross-gender identification," it continues. "There is no evidence that all children who express gender-atypical thoughts or behavior should be encouraged to become transgender."
The study argues that enabling acceptance of transgenderism through medical intervention is particularly harmful. An area of particular concern involves medical interventions for gender-nonconforming youth. They are increasingly receiving therapies that affirm their felt genders, and even hormone treatments or surgical modifications at young ages, the authors observe.
Calgaros lawsuit also focused on the absence of an official legal process in the state for the emancipation of minors, and this absence served to create considerable confusion and inconsistencies in Calgaros case. Some of the agencies involved considered the teenage boy to be emancipated from his mother based on the grounds that he no longer lived with Calgaro and was not financially supported by her. EKJ reportedly moved out of his mothers home in 2015 to move in with his father so that he could attend a better school and has not returned since. He eventually moved in with friends until he finally began living on his own.
EKJ also filled out an emancipation form with the help of a homosexual advocacy group without Calgaros knowledge. In the lawsuit, Calgaro notes that the emancipation form was riddled with falsehoods. For example, the form claimed that Calgaro failed to report her teen son as a runaway and made no attempt to bring him home, thereby concluding that she wished to have no contact with him, all of which Calgaro denies.
The Minneapolis Star Tribune reports that an attorney with the Mid-Minnesota Legal Aid clinic then provided EJK with a letter that concluded the teen was legally emancipated under Minnesota law.
Meanwhile, Calgaros attorney noted at a news conference last year that Calgaro was never given notice that her child was seeking emancipation and the emancipation determination was reached without a hearing or court order.
"If there had been a court order of emancipation, then Anmarie would have received notice and an opportunity to be heard," said Kaardal.
Once it was determined that EKJ was emancipated, the school then refused to provide Calgaro her sons medical records, and the Department of Human Services refused to provide her information about her sons hormonal therapy, Life Site News reports.
Yet, while these particular agencies accepted EKJs emancipation determination, the St. Louis County District Court had rejected the teens application for a name change because of the lack of any adjudication relative to emancipation, underscoring the flimsy legal grounds on which the defendants case stood.
Calgaro turned to the federal court to intervene, and asked the court to stop the teens hormone treatment and award her financial damages.
But Judge Magnuson determined on Tuesday that Calgaros claims were meritless.
Magnuson admitted that the boy was not legally emancipated, and that Calgaro's parental right "remain[ed] intact." However, he decided that the defendants could not be held liable because they did not act under color of state law. Without evidence that the school and agencies violated a law or a policy or custom, Calgaro had no claim, he determined.
Magnuson revealed his flagrant disregard for parental rights by going so far as to question whether those include access to school records.
Furthermore, Kaardal asserts that Judge Magnusons decision has done little to clarify the states emancipation issue.
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, Kaardal said. But until then, its confusing and the courts decision hasnt cleared up that confusion.
NBC News notes the potential impact that a decision on the states emancipation process could have on abortion in Minnesota, since current statute mandates that a non-emancipated minor cannot access an abortion until 48 hours after parental notification has taken place.
Predictably, EJKs attorneys welcomed the judges decision, saying it shows the resilience of transgender youth and the importance of access to appropriate health care.
The law protects all young people, including transgender young people, and we are pleased that this outcome supports her access to essential health care and other critical service, said Asaf Orr, a staff attorney for the National Center for Lesbian Rights Transgender Youth Project in San Francisco.
According to theMinneapolis Star Tribune, Kaardal and Calgaro are considering an appeal.
Anmarie Calgaro is living a parents worst nightmare," Kaardalsaid. "Her minor child has been piloted by third parties through a life-changing, permanent body altering process by organizations that have no legal authority over him, and that have denied his own mother access.
View post:
Judge Dismisses Mother's Lawsuit Over Her Son's Transition to a "Girl" - The New American
- Hormone therapy: Is it right for you? - Mayo Clinic [Last Updated On: May 4th, 2015] [Originally Added On: May 4th, 2015]
- LifeXmd :: Bioidentical Hormone Replacement Therapy Center [Last Updated On: May 4th, 2015] [Originally Added On: May 4th, 2015]
- Bioidentical hormones: Are they safer? - Mayo Clinic [Last Updated On: May 4th, 2015] [Originally Added On: May 4th, 2015]
- Diabetes and Hormone Center of the Pacific [Last Updated On: May 4th, 2015] [Originally Added On: May 4th, 2015]
- Hormone Replacement Clinic | Topeka & Lawrence KS [Last Updated On: May 4th, 2015] [Originally Added On: May 4th, 2015]
- Integrative Health and Hormone Clinic Cedar Rapids, IA [Last Updated On: May 31st, 2015] [Originally Added On: May 31st, 2015]
- Hormone Center - Home [Last Updated On: May 31st, 2015] [Originally Added On: May 31st, 2015]
- How Are Hormones And Anxiety Related? - Calm Clinic [Last Updated On: June 13th, 2015] [Originally Added On: June 13th, 2015]
- Women's Mood & Hormone Clinic / Moms Program | UCSF ... [Last Updated On: July 3rd, 2015] [Originally Added On: July 3rd, 2015]
- Dallas Anti Aging Clinic for Men | Male Hormone ... [Last Updated On: July 3rd, 2015] [Originally Added On: July 3rd, 2015]
- Hormone clinic to open - News Sentinel Story [Last Updated On: July 10th, 2015] [Originally Added On: July 10th, 2015]
- Male Hormone Replacement - Testosterone - The Turek Clinic [Last Updated On: August 1st, 2015] [Originally Added On: August 1st, 2015]
- Bio-Identical Hormones & Women's Services at Dr. Wright's ... [Last Updated On: August 21st, 2015] [Originally Added On: August 21st, 2015]
- HGH Therapy | HGH Clinics | Human Growth Hormone Therapy [Last Updated On: August 24th, 2015] [Originally Added On: August 24th, 2015]
- Long Island Hormone Therapy Clinic NY, Anti-Aging Clinics ... [Last Updated On: September 25th, 2015] [Originally Added On: September 25th, 2015]
- Home - Seattle Hormone Replacement Clinic for Men [Last Updated On: September 25th, 2015] [Originally Added On: September 25th, 2015]
- Medical Weight Loss Clinic of Utah - Hormone Replacement ... [Last Updated On: September 29th, 2015] [Originally Added On: September 29th, 2015]
- What are Hormones? - Hormone Replacement Therapy Denver [Last Updated On: October 4th, 2015] [Originally Added On: October 4th, 2015]
- Human growth hormone (HGH): Does it slow aging? - Mayo Clinic [Last Updated On: October 9th, 2015] [Originally Added On: October 9th, 2015]
- Bioidentical Hormone Replacement Therapy - Amen Clinics [Last Updated On: October 12th, 2015] [Originally Added On: October 12th, 2015]
- HD Medspa & Clinic | Lakeview Neighborhood, Chicago, for ... [Last Updated On: October 18th, 2015] [Originally Added On: October 18th, 2015]
- Denver Hormone Therapy | Denver Hormone Health [Last Updated On: April 8th, 2016] [Originally Added On: April 8th, 2016]
- Bioidentical Hormone Replacement Therapy for Men and Women ... [Last Updated On: April 29th, 2016] [Originally Added On: April 29th, 2016]
- The Endocrine Clinic | Singapore Hormone Specialists [Last Updated On: June 5th, 2016] [Originally Added On: June 5th, 2016]
- San Antonio Natural Hormone Therapy Clinic | Bio-Identical ... [Last Updated On: June 16th, 2016] [Originally Added On: June 16th, 2016]
- Does hormone replacement medication ... - Lindora Clinic [Last Updated On: June 30th, 2016] [Originally Added On: June 30th, 2016]
- FEMME CLINIQUE - Bio-Identical Hormone Therapy Clinic ... [Last Updated On: June 30th, 2016] [Originally Added On: June 30th, 2016]
- Dr Colin Holloway | Managing hormone imbalances [Last Updated On: July 2nd, 2016] [Originally Added On: July 2nd, 2016]
- melatonin hormone - University of Maryland Medical Center [Last Updated On: July 7th, 2016] [Originally Added On: July 7th, 2016]
- Human chorionic gonadotropin - Wikipedia, the free ... [Last Updated On: July 20th, 2016] [Originally Added On: July 20th, 2016]
- Talk to Nurse Rita - Health, Nursing & Clinic Matters [Last Updated On: July 24th, 2016] [Originally Added On: July 24th, 2016]
- NATESTO (testosterone) Nasal Gel CIII | Prescriber Site [Last Updated On: August 24th, 2016] [Originally Added On: August 24th, 2016]
- Home : Cleveland Clinic Journal of Medicine [Last Updated On: September 18th, 2016] [Originally Added On: September 18th, 2016]
- Ageing - Wikipedia, the free encyclopedia [Last Updated On: September 21st, 2016] [Originally Added On: September 21st, 2016]
- Melatonin - Wikipedia, the free encyclopedia [Last Updated On: September 24th, 2016] [Originally Added On: September 24th, 2016]
- Hormone Replacement Clinic in NJ | Healthy Aging Medical ... [Last Updated On: October 11th, 2016] [Originally Added On: October 11th, 2016]
- UT Southwestern, Dallas, Texas - UTSW Medicine (Patient ... [Last Updated On: October 15th, 2016] [Originally Added On: October 15th, 2016]
- Clinical Guidelines and Recommendations | Agency for ... [Last Updated On: November 15th, 2016] [Originally Added On: November 15th, 2016]
- Hormone Replacement Therapy | Born Clinic [Last Updated On: November 22nd, 2016] [Originally Added On: November 22nd, 2016]
- Medical Weight Loss | Endocrinology & Hormone Replacement [Last Updated On: November 25th, 2016] [Originally Added On: November 25th, 2016]
- West Coast Womens Clinic - Vancouver Womens Health Clinic [Last Updated On: November 28th, 2016] [Originally Added On: November 28th, 2016]
- Prolactin - Wikipedia [Last Updated On: December 11th, 2016] [Originally Added On: December 11th, 2016]
- Worrying about Anti Mullerian Hormones? | Baby Hopeful [Last Updated On: December 19th, 2016] [Originally Added On: December 19th, 2016]
- Risk of Pregnancy Loss in Subclinical Hypothyroidism - Endocrinology Advisor [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Public invited to women's clinic opening in New Albany - Evening News and Tribune [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Thyroid Hormone Therapy for Subclinical Hypothyroidism in Pregnancy - Medical News Bulletin [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Transgender youth in Alberta need more than 1 part-time clinic, says new campaign - CBC.ca [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- BRUCKNER: UNL a national model for trans, LGBT care - Daily Nebraskan [Last Updated On: February 8th, 2017] [Originally Added On: February 8th, 2017]
- Hospital in Somerset becomes first in NJ to open LGBTQ health center - New Jersey 101.5 FM Radio [Last Updated On: February 8th, 2017] [Originally Added On: February 8th, 2017]
- Four NIH-backed projects aim to advance the artificial pancreas - MobiHealthNews [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- In Transition: Physical transitions can include hormone treatment, surgery - The Baylor Lariat [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- Amphetamine use may 'speed up' heart aging - Medical News Today [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- Nationwide Planned Parenthood protests energize patients, opponents - SFGate [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- Women's wellness: Understanding hypothyroidism and pregnancy - The Killeen Daily Herald [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- How This Police Officer Is Helping Trans Patients Get Better Care - Refinery29 [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- Most cases of thyroid cancer are curable - Post-Bulletin [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- Is hormone melatonin the link between sleep and breast cancer? - Knowridge Science Report [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- In West Africa, clinics confront suspicion, and husbands, one IUD at a time - STAT [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- 'Speed' and other recreational stimulants tied to heart damage - Fox News [Last Updated On: February 16th, 2017] [Originally Added On: February 16th, 2017]
- Research shows balancing hormones can aid weight loss - WLS-TV [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- These transgender patients now have a place to change their lives all at once - Miami Herald [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- Healthy eating, the Hyman way - Durham Herald Sun [Last Updated On: February 21st, 2017] [Originally Added On: February 21st, 2017]
- Balancing hormones and weight loss - UPMatters.com [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Have You Heard of These 5 Heart Attack Risk Factors? - Health Essentials from Cleveland Clinic (blog) [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Feeling stressed? Try these proven methods for chilling out - Los Angeles Times [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Mother & Son Swap Sexes At The Same Time! - Radar Online [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- The truth about why some men get sleepy after sex | Fox News - Fox News [Last Updated On: February 25th, 2017] [Originally Added On: February 25th, 2017]
- Wellness experts use hormone balancing to fight obesity - WNDU-TV [Last Updated On: February 25th, 2017] [Originally Added On: February 25th, 2017]
- These transgender patients now have a place to change their lives all at once - San Angelo Standard Times [Last Updated On: February 25th, 2017] [Originally Added On: February 25th, 2017]
- Obese couples may take longer to conceive - Fox News [Last Updated On: March 1st, 2017] [Originally Added On: March 1st, 2017]
- Even More Reason to Kick That Sedentary Lifestyle - LifeZette [Last Updated On: March 1st, 2017] [Originally Added On: March 1st, 2017]
- What Happens When Your Immune System Gets Stressed Out? - Health Essentials from Cleveland Clinic (blog) [Last Updated On: March 1st, 2017] [Originally Added On: March 1st, 2017]
- Boutique Egg Freezing Clinics Are the Latest Trend for Those Looking to Delay Parenthood - Babble (blog) [Last Updated On: March 2nd, 2017] [Originally Added On: March 2nd, 2017]
- Municipal Hospital System Opens NYC's First Public Clinic Offering Gender-Reassignment Surgery - NY1 [Last Updated On: March 2nd, 2017] [Originally Added On: March 2nd, 2017]
- Walking has many Health Benefit - Plainview Daily Herald [Last Updated On: March 3rd, 2017] [Originally Added On: March 3rd, 2017]
- Isoflavones in food associated with reduced mortality for women with some breast cancers - Tufts Now [Last Updated On: March 6th, 2017] [Originally Added On: March 6th, 2017]
- Planned Parenthood New York Now Offers Transgender Hormone Replacement Therapy - The Mary Sue [Last Updated On: March 6th, 2017] [Originally Added On: March 6th, 2017]
- Doctor Allie International Hormone Success Doctor Joins the ... - Satellite PR News (press release) [Last Updated On: March 6th, 2017] [Originally Added On: March 6th, 2017]
- Hormone Therapy Clinic | Human Growth Hormone ... [Last Updated On: March 6th, 2017] [Originally Added On: March 6th, 2017]
- Dubai clinic offering free fertility tests for women throughout March ... - Emirates 24|7 [Last Updated On: March 8th, 2017] [Originally Added On: March 8th, 2017]