A Hibbing, Minn., mother who sued her teenage child for transitioning from male to female against her wishes has lost a major round in federal court.
Senior U.S. District Judge Paul A. Magnuson dismissed the suit on Tuesday, describing as "meritless" claims by Anmarie Calgaro that her child's doctors, social service providers and school officials violated Calgaro's constitutionally protected parental rights.
Last November, Calgaro drew international attention when she sued the 17-year-old — she still uses the child's original male name and gender pronouns — and others for their role in assisting the teen, since identified in court by her new initials, E.J.K.
Calgaro sought a summary judgment before July, when E.J.K. turns 18, and the teen's legal emancipation from her mother was at the heart of the case.
E.J.K. moved out of Calgaro's home in 2015 and lived with her father in St. Cloud before staying with various relatives and friends. An attorney with the Mid-Minnesota Legal Aid clinic provided E.J.K. with a letter concluding that she had legally emancipated under Minnesota law. Acknowledging that state law provided no clear path to regaining her parental rights, Calgaro asked the federal court to intervene, order a stop to the teen's hormone treatment and award her financial damages.
At a news conference last year, Calgaro's attorney, Erick Kaardal, said his client was never given notice that her child was seeking emancipation, nor was there a court hearing or a court order regarding emancipation.
Calgaro said her child was treated at a Minneapolis medical clinic and received hormone therapy without her consent. She said the clinic refused to grant access to medical records and added that the St. Louis County School District refused to share E.J.K.'s education records.
But Magnuson concluded that the defendants committed no violations related to E.J.K.'s emancipation because only a court order could terminate Calgaro's parental rights. In a footnote, the judge stipulated that he would refer to E.J.K. by the name and pronouns that matched her gender identity.