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Serving Northern St. Louis County, Minnesota

Federal lawsuit tests parental rights

Mother of transgender teen wants involvement in child’s decision to seek sex change

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Editor’s Note: The Timberjay has a policy of identifying individuals by the gender to which they identify. In the case of one of the subjects of this story, the individual identifies as female and the Timberjay utilizes the feminine pronoun when referring to her. The individual’s mother still refers to her child as her son, and she is quoted that way. This explanation is intended to prevent any confusion that the shifting pronouns in this story may create.

REGIONAL— St. Louis County and the St. Louis County School District are among the parties in an unusual federal lawsuit that seeks to restore parental rights to a mother whose 17-year old child is undergoing sex change therapy from a male to a female. The mother, Anmarie Calgaro, is seeking a halt to the therapies for her child until a court can hear her petition asserting custody.

Under Minnesota law, emancipated minors can legally obtain medical services, including gender reassignment therapy, without parental consent. But the Cherry High School student, identified only as J.D.K. in legal papers, has never sought emancipation in court. The teen told officials at Mid-Minnesota Legal Aid last year, that she had lived away from home for at least six months and had been working two jobs to support herself. Calgaro disputes those claims and said no one from the legal aid group contacted her or J.D.K.’s father to verify the teen’s assertions.

Despite that, the legal aid group provided the teen with a letter indicating that J.D.K. was emancipated and St. Louis County Public Health, the St. Louis County School District, the Fairview-Mesabi Medical Center, and the Park-Nicollet Health Services have all treated the child as such ever since. In the case of the school district, that meant ISD 2142 officials denied Calgaro access to her child’s school records. School District Superintendent Steve Sallee said he could not comment or answer questions on the case upon the advice of legal counsel. “I can tell you that we are planning to vigorously defend ourselves against these baseless claims,” he said. The district is currently being represented by attorney Trevor Helmers, of Rupp, Anderson, Squires and Waldspurger, which is a firm with experience in transgender student issues, according to Sallee.

Yet, while the transgender nature of the student involved has garnered significant attention in the media, Calgaro’s attorney, Erick Kaardal said the case really centers on the lack of due process. He said the case points out an apparent gap in state law as well as the fact that the medical profession, school districts, and the courts don’t always see eye-to-eye when it comes to the rights of minors and their parents. Twice in the past year, J.D.K. has gone to court—once in Stearns County and more recently in St. Louis County— seeking a name change. J.D.K.’s doctors at Park-Nicollet indicated that she had made sufficient progress in her gender transition to justify a female name. But in both instances, the judges denied the request because the teen lacked court-ordered emancipation. Under state law, minor dependent children cannot change their names without parental consent.

That left the teen in the unusual situation of being able to change her gender, but not her name, at least until she turns 18 next July.

It also left Calgaro in a kind of legal limbo. Attorney Kaardal noted that state law provides a legal process for a child to seek emancipation in court, but it does not provide a means for a parent to challenge such a determination that is made outside of the normal legal process, such as the letter the legal aid group provided to her child. “There was never a hearing terminating the parent’s rights,” said Kaardal.

According to Kaardal, the lack of a state process forced the matter into federal court, where he sees a clear constitutional claim. “Parental rights are fundamental rights under the constitution. And here they were taken away without due process.”

Calgaro agreed that the issue at stake is the rights of parents to be involved in their children’s lives. “Even the worst parents get their day in court. Why didn’t I?” she asked. Calgaro acknowledged that J.D.K. will likely reach age 18 before any decision in her federal case, but she said she believes the gap in the law has to be addressed for all parents. “What if my 13-year-old decides she wants a tattoo and I tell her no. Can she go and have herself emancipated? That’s scary.”

Calgaro said she doesn’t oppose her child’s decision to undergo a sex change, but wants to be sure the decision is the right one. “At this time in his life, I want him to slow down,” she said. “How many young people at 20 wish they had done things differently as 16-year-olds.” She also worries about the side effects from the hormone therapy and said J.D.K. told her that he believes the drugs may be making him suicidal. “I just want him to be smart about the decisions he’s making.”

At an emotional press conference last month, Calgaro said parents should have a role in such life-changing decisions for their children. “Not only was I robbed of the opportunity to help my son make good decisions,” Calgaro said at the press conference, “but I also feel he was robbed of a key advocate in his life, his mother.”

Calgaro said her son had told her a couple years ago that he believed he was gay, and that the change in status to transgender is fairly recent. Regardless, she said, “I love him unconditionally.”

The case has garnered national headlines over the past few weeks, focusing on the child’s transgender status. But Kaardal said the fundamental issue is whether a parent has the right to make their case in court if they wish to remain involved in the lives of their minor children.

Still, the involvement of the Thomas More Society, a culturally-conservative advocacy group that is spearheading the lawsuit, has sparked concerns that the case could involve a broader agenda to undercut the state’s parental notification law on abortion. Under current law in Minnesota, non-emancipated minor children have the right to obtain an abortion 48 hours after notifying parents, regardless of their consent.

The Timberjay sought to interview representatives of Mid-Minnesota Legal Aid for this story. They did not return phone messages prior to presstime. The Timberjay also emailed questions and a request for comment to the school district’s attorney, Trevor Helmers, but he did not respond prior to deadline.