Friday, November 18, 2016

Annmarie Calgaro v. St. Louis County et al

In brief, this is about a mother who is trying to get control of her estranged transgender daughter through the court system rather than through counseling. She is suing her daughter (“J.D.K.”) as well as those enabling her gender affirming treatments. One of the exhibits to the complaint (see below) includes a profoundly sad June, 2015 letter from J.D.K.'s lawyer. It was prior to transition and uses male pronouns. It alleges that J.D.K. had lived away from his mother for six months and the loving mom wanted no contact with her child. Nice.

Mom seems to be a bit of a bigot. I have contacted J.D.K.'s attorney. I would like to talk to this kid. It doesn't look hopeful.

The complaint is non-specific. Apparently J.D.K. has made a full transition though hormones but has not had gender affirming surgery.

In any event, the case seems like a non-starter and should not survive a motion to dismiss. Under Minnesota law an individual is considered emancipated with respect to medical decisions:
Any minor who is living separate and apart from parents … who is managing personal financial affairs, regardless of the source or extent of the minor's income, may give effective consent to personal medical, dental, mental and other health services, and the consent of no other person is required.
Surely the folks at Thomas More Society, the orthodox Catholic legal group  which seems to be underwriting this case, know that they don't have a case. Perhaps the objective is to eventually get the case to the Supreme Court which the More Society hopes could create a precedent regarding parental consent. This could effect abortion rights nationwide. Yet states clearly have the right to define family law independent of the federal government. Taxpayers will ultimately pick up the tab for this nonsense. That includes indirect subsidies to Thomas More Society which is a 501(c)3 tax-exempt entity.

The complaint insultingly uses male pronouns throughout. The folks at Thomas More don't believe that transgender people exist. By the way Calgaro's lawyer, Erick Kaardal, is presumably a smart guy. He did his undergrad at Harvard and received his law degree from University of Chicago which is one of the nation's top ten law schools (fourth according to U.S. News). Kaardal is a general practitioner and an accomplished appellate attorney at Mohrman & Kaardal which is a small (seven lawyer) firm. He has also been involved in Republican politics.

I will write about this case again when the respondents file their briefs in about a month. Meanwhile a video of Mommy Dearest and her lawyers has been posted to Facebook.

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