July 24, 2019
Charges Parents’ 14th Amendment Due Process Civil Rights are Violated by Minnesota Law
Last week, the Calgaro case was appealed to the U.S. Supreme Court. See the news story at Fox9 News, Attorney petitioning the Supreme Court Challenging Minnesota’s Emancipation Law. A decision about whether or not they will take up the case will likely be known by October 2019.
NOTE: Most of the sensationalist news stories, including WorldNetDaily, CBN News, and LIfeSiteNews about the Calgaro appeal to the Supreme Court contain significant factual errors. Calgaro’s son was 15, not 17. He did not and has not had sex change surgery. Calgaro did not sue because her son was given sex change surgery against her will. She sued because Minnesota law allows minors to be treated as an
adult (emancipated) without due process of the law. This is a civil rights violation under the U.S. Constitution’s 14th amendment.
On November 16, 2016, Anmarie Calgaro filed a lawsuit against a number of government entities in Minnesota: St. Louis County Public Health and Human Services Director, Fairview Health Services, Park Nicollet Health Services, St. Louis County School District, and the Principal of Cherry School in Iron, MN.
At that time, she stated, “I believe that my Constitutional Civil Right to have my case heard in a court of law has been stripped from me. If this had been a child custody case, I would’ve had my day in court. If my son were to be placed in foster care, or if he had been referred to Child Protection, I would’ve had my day in court.”
Her son was 15 years old when she was shocked to discover that government agencies were treating him as an adult, and she was not allowed to be the parent. The following is Calgaro’s statement when the lawsuit was first filed in November 2016.
My name is Anmarie Calgaro. Last year, without my knowledge or consent, without any court hearings or legal process, without any involvement on my part whatsoever, a legal aid group that gives free services to low income people created a “Notice of Emancipation” for my 15 year old son. Suddenly, my son, without any notice to me was no longer under my supervision.
Based on that piece of paper alone, he began receiving public assistance including medical services and housing/food support. The St. Louis County Health and Human Services treated him as an adult. I couldn’t get any information regarding my son, even the school refused to allow me to access his records.
It was then brought to my knowledge that my son had begun receiving hormone treatments from Park Nicollet Health Services to transition from male to female with Medical Assistance paying for these treatments to assist in the transition. I was not consulted of informed about this in any way. I had no way to give or receive information about his important healthcare needs. Since then Fairview Health Services of Hibbing has also prescribed narcotics to my minor son. I am forbidden to be involved with his important health needs. The news that county agencies, health service providers, the school and other county and state offices were completely bypassing me came as a complete and total shock! Why wasn’t I even notified?
I believe that my Constitutional Civil Right to have my case heard in a court of law has been stripped from me. If this had been a child custody case, I would’ve had my day in court. If my son were to be placed in foster care, or if he had been referred to Child Protection, I would’ve had my day in court.
I am firmly committed to what is best for my son. I am his mother. He is and always has been welcome in our home. He has 3 older siblings and 3 younger which still live in our home. I love him beyond words and I and our entire family care deeply about his well being. As a mother, I know his emotional and physical needs in a way no one else can. I also have a commitment to him that no one else has and I feel not only was I robbed of the opportunity to help my son make good decisions but that he was also robbed of a key advocate in his life, his mother.
I am taking this action today so that the courts will recognize my due process rights under the United States Constitution, and so that, for the good of my son, the courts will restore my parental rights. I am also taking this action for the benefit of all parents and families who may be facing the same violation of their rights, so that they and others in the future, might be spared from suffering the same tragic events.