After suing daughter for transitioning without permission, mom takes case to Supreme Court

After suing daughter for transitioning without permission, mom takes case to Supreme Court

Anmarie Calgaro sued her own daughter because she started gender transition without permission | Photo: KBJR-6/Screenshot

A Minnesota mother is taking her lawsuit involving the gender confirmation surgery of her transgender daughter to the Supreme Court of the United States.

Though the daughter is no longer a party to the case, Anmarie Calgaro still claims various groups violated her ‘parental Due Process Clause rights’.

The Thomas More Society, described as ‘a not-for-profit, national public interest law firm dedicated to restoring respect in law for life, family, and religious liberty’, is representing Calgaro.

In her claim, Calgaro says St. Louis County, medical providers and the St. Louis County School District violated her parental rights by allowing her daughter to begin her transition process after legally emancipating.

A fight between mother and daughter

In 2015, at 15, Calgaro’s daughter, identified only as E.J.K. in court documents, moved out. She then obtained a letter from a legal clinic declaring her ‘legally emancipated’.

Emancipating a minor is a legal mechanism granting a minor freedom from control of their parents or guardians before adulthood.

E.J.K. began seeking medical care for gender confirmation surgery. Calgaro sued her in 2016, saying she was was emancipated without parental consent. She also argued doctors proceeding with medical treatment violated her rights as a mother.

Throughout her lawsuit and various documents, Calgaro misgendered her daughter.

Both medical providers and E.J.K.’s school rebuffed Calgaro’s attempts to intervene.

Calgaro lost her lawsuit in 2017. A district court ruled against her and then a three-judge panel of the 8th US Circuit Court of Appeals affirmed the original ruling.

Circuit Judge Steven Colloton wrote that since E.J.K. was now 18 and finished with school, Calgaro’s claims were irrelevent.

But it’s not over

Rather than accepting these rulings, Calgaro is now taking her case to the Supreme Court.

In a statement (which continued to misgender E.J.K.), Thomas More Society Special Counsel Erick Kaardal called the situation a ‘parent’s worst nightmare’. He also claimed E.J.K. became ‘a pawn in someone else’s sociopolitical agenda’.

Kaardal stated: ‘Unbelievably, Minnesota statutes authorize a county to deem a minor “emancipated” to receive welfare payments to live on their own and allow medical providers to void parental input if it determines the minor is living apart from the parents and is managing his or her own personal financial affairs.’

St. Louis County responded to Gay Star News’ request for comment and said they could not comment on ongoing litigation.

The Supreme Court will decide if they will hear the case when they return from the summer recess.

See also

US Supreme Court will finally decide on LGBTI employment discrimination

Republicans file brief in court supporting LGBTI workers fighting discrimination

Where does the Equality Act go from here?


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