Thursday, January 26, 2017

Oral Argument: Annmarie Calgaro v. St. Louis County et al

Erick G. Kaardal
for Thomas More Society
The Thomas More Society lawyer (Erick G. Kaardal) was in court today, arguing on behalf of a mother who is trying to get control of her estranged transgender daughter through the court system. The case is before the United States District Court for the District of Minnesota.

The woman is suing her daughter (“J.D.K.”) as well as those enabling her gender affirming treatments. Mom and her conservative-Catholic lawyer have intentionally used incorrect pronouns. Her daughter is emancipated under Minnesota Law which states:

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.
I have not had a chance to go through J.D.K.'s brief nor the docket. I will sometime tomorrow. Meanwhile, according to a press release:
Kaardal argued that the school district, county, and medical agencies in Minnesota did not provide notice or hearing to Calgaro prior to terminating her parental rights over her minor child. He noted that this would have been required in marital dissolution, paternity, or child protection situations, and asked, “Why is it not required in emancipation?” Kaardal charged these service providers with stepping into a governmental role but not providing parental due process, thereby creating a constitutional concern.

Calgaro’s lawsuit charges St. Louis County, St. Louis County Public Health and Human Services Director, Fairview Health Services, Park Nicollet Health Services, St. Louis County School District, Principal of the Cherry School, and her minor son with repeated circumvention of her parental rights.

In June 2015, the boy was advised that he was emancipated, despite no court order or legal action to terminate his mother’s parental rights. He was then provided with medical treatment for a sex change from male to female and also prescribed narcotics. The school district has classified the boy as an adult with exclusive rights to information and decision-making and denied Calgaro access to his educational records or any legal authority to affect his educational decision-making.

Kaardal commented, “Ms. Calgaro is living a parent’s worst nightmare. Her son has, while a minor, been steered through a life-changing, permanent body-altering process by organizations that have no reason to have his best interests in mind.” He explained, “With no parental involvement, this child has become a pawn in someone else’s agenda, influenced by those who have no right to make decisions over his life and well-being. These institutions have no right, legally or morally, to usurp the place of a parent.”
Mommy is unlikely to endear herself to her daughter by attacking her dignity, claiming that she is not responsible for her gender identity. Nor will she make up much group by insisting that her daughter is her son. Moreover, according to Minnesota law, she has no right to be consulted — that ship has sailed.

I fail to see how this is not abuse of process. This is a smart, well-schooled (Harvard then Columbia) lawyer who lost his mind to superstition. It's a shame, really, that the girl has to suffer because of this ignorance and stupidity. Yet this is one of the Pope's favorite hobbies in spite of the fact that he has no training in social or medical science.

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