REGIONAL— A federal district court judge has dismissed a lawsuit brought by an Iron Range woman who contends that St. Louis County, the St. Louis County School District, the Cherry School principal, and two health care providers denied her parental rights to make decisions for her transgender child.

The case, brought by attorney Erick Kaardal with backing from the conservative Thomas More Society, alleged that the defendant organizations failed to uphold the due process rights of Anmarie Calgaro when they denied her the right to make medical and educational decisions for her child.

Her child, who turns 18 in two months, was never declared emancipated by a Minnesota court as is required for a minor to make major decisions for his or herself or to deny a parent the right to be involved in those decisions.

Calgaro’s child, whom the court identified only by the initials E.J.K, is undergoing sex change therapy without Calgaro’s involvement or permission, despite the fact that she has sole physical and joint legal custody of the child. But she effectively lost her rights as a parent when a legal aid group wrote a letter for E.J.K. indicating that the child was “emancipated.” Under state law only a court has the authority to emancipate a child. But health care providers, including Fairview Health Services and Park Nicollet Health Services, provided E.J.K. with sex change treatment as a result of that letter. St. Louis County’s Department of Health and Human Services and the St. Louis County School District denied Calgaro access to records related to her child as well.

“Anmarie Calgaro is living a parent’s worst nightmare,” said attorney Erick Kaardal. “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.” 

Federal District Court Judge Paul A. Magnuson agreed that Calgaro “continues to have sole physical and joint legal custody” of her transgender child. While that status should have given Calgaro access to her child’s school and medical records, the judge found that the health care providers did not act “under the color of state law” or as part of a government-established policy when they denied her parental rights.

That is an important distinction because Calgaro’s lawsuit is based on a claim that the defendant agencies had violated her rights under the U.S. Constitution. Without a showing that the defendants had acted in accordance with a state law, the judge determined that Calgaro lacked standing in federal court.

In dismissing the claim against the county and the school district, the judge determined that neither governmental entity violated Calgaro’s rights as part of an official policy or custom. He noted that it is only when “execution of a government’s policy or custom…inflicts the injury that the government as an entity is responsible.” 

 Calgaro “has failed to allege that a St. Louis County policy or custom deprived her of her parental rights without due process…It is the policy of the state of Minnesota, rather than St. Louis County, that allegedly deprived Calgaro of her constitutionally protected parental rights without due process,” wrote the judge.

In addition, Judge Magnuson determined that Cherry School Principal Michael Johnson was entitled to qualified immunity for his refusal to provide Calgaro with her child’s school records. Qualified immunity, noted the judge, applies in cases where a public official’s conduct does not “violate a clearly established constitutional right.” 

 “People left and right in Minnesota agree that emancipation procedures need to be put into a statute so this confusion over parental rights never happens again,” said Kaardal. The same due process rights Ms. Calgaro pursues are taken for granted in marital dissolution, child custody, and child protection proceedings.  Unfortunately, the federal court’s decision has added to, not lessened, the legal confusion.”

The Thomas More Society plans to appeal to the U.S. Court of Appeals for the Eighth Circuit.