GOVERNMENT TRYING TO SWITCH
TEEN'S SEX WITHOUT PARENTAL CONSENT, 'This
is an outrageous abuse of power by multiple agencies' by bob Unruh, 11/16/16
Can a team of advocates for
transsexuality, from a school district and a medical services organization to
county social workers, simply decide that a 17-year-old minor is “emancipated”
from his parents and go ahead with male-to-female sex-change treatments with no
further permission?
That’s the question being asked in a
lawsuit being brought against St. Louis County in Minnesota, its public health
chief Linnea Mirsch, Fairview Health Services, Park Nicollet Health Services,
St. Louis County School District, Cherry School Principal Michael Johnson and
others.
“This is an outrageous abuse of
power by multiple agencies,” said Tom Brejcha, chief counsel of the Thomas More Society,
which is working with local attorney Erick Kaardal of Mohrman, Kaardal and
Erickson of Minneapolis on the case.
“To treat a minor child without
either parental consent or a court order of emancipation is a violation of the
trust placed upon the human service sector and its governmental oversight
agencies. To give a parent no recourse to intervene in this situation is an
egregious violation of constitutional rights,” Brejcha said.
Ironically, when the case has
appeared in court, a district judge refused the juvenile’s petition for a
change of name, from a male name to a female name, for “lack of any
adjudication relative to emancipation.”
Spokeswoman Dana Kazel of St. Louis County said the county hadn’t been served “with any documents
related to a lawsuit purportedly filed.” She said, “A review of district court
filings conducted this morning also did not yield any results.”
School Supt. Steve Sallee also
said he had not been served. But the lawsuit,
posted online, lays out the complaint that
the defendants have worked together to provide the minor, identified only as
JDK, with funds for living, health consultations, legal consultations, medical
treatments and more – all without any legal adjudication that JDK is, in fact,
emancipated.
That means, the lawsuit explains,
JDK’s biological mother and custodial parent, Anmarie Calgaro, has suffered a
multitude of violations of her constitutional parental rights.
The legal team explained that the
defendants have been providing “transgender services and narcotic drugs without
her parental consent.”
Also, the defendants have treated
JDK as emancipated even though there has been no “court action to that effect.” “Calgaro’s parental involvement has
been repeatedly circumvented as it concerns her 17-year old son,” the law
center explained in a statement about the new case. “This interference is despite
Minnesota’s strong legal tradition of protecting parental rights. In June of
2015, Mid-Minnesota Legal Aid Clinic advised the boy that he was emancipated
without a court order; however no legal action has been taken to terminate his
mother’s parental rights.”
At the same time, “two medical
service providers Park Nicollet Minneapolis Gender Services and Fairview
provided the minor child medical treatment for a sex change from male to female
and for prescribed narcotics, respectively. The medical services and were paid for
through St. Louis County Public Health and Human Services.”
Further, the case explains, “The St.
Louis County Schools, Independent School District 2142, is also treating the
child as an emancipated minor, something he is not. The school district is classifying
the boy as an adult with exclusive rights to information and decision-making.
They are denying Calgaro access to his educational records or any legal
authority to affect his educational decision-making.”
Kaardal explained, “Ms. Calgaro as a
Minnesota parent is entitled to notice and hearing when parental rights
regarding a minor child are terminated. Regarding emancipation, the courts
recognize a common law right for a teenager to petition for emancipation; but,
the courts do not recognize a corresponding common law right for a parent to
petition to de-emancipate a teenager. Thus, Minnesota statutes constitutionally
err by allowing a medical service provider to treat a teenager as emancipated
without a court order and without providing parents a post-deprivation process
to challenge the medical service provider’s determination of emancipation.
Similarly, the county’s and school district’s determinations of the teenager’s
emancipation without a court order violate the parent’s right to notice and a hearing;
but, unlike the medical service providers, the county and the school district
do not have a statute to pin their unconstitutional conduct on.”
Also stepping up in the case was the
Minnesota Child Protection League, which has as a goal the protection of
children of “exploitation, indoctrination and violence.”
The complaint states, “Ms. Calgaro
seeks declaratory and injunctive relief and damages under 42 U.S.C. [Paragraph]
1983 for the loss of ther right to due process which directly affected her parental
rights over her minor child. She seeks further relief necessary to prevent the
defendants from offering any additional services to her minor children without
parental consent until she has had an opportunity in state court to petition to
restore all or part of her parental rights before an emancipation is
adjudicated before a court of law.” The complaint specifies the damages
being sought are at least $75,000 per defendant.
“Although Minnesota common law
recognizes a minor child’s right to petition for emancipation, there is no
Minnesota common law cause of action for a parent to bring in court to restore
full or partial parental rights once a child is emancipated for medical
services without a court order,” it explains.
Further, such an emancipation
petition hasn’t yet been brought. Nor has there been any reason, the complaint
explains. “JDK has never been involved in Child In Need of Protection or
Services (CHIPS) petition court proceedings, foster placement, court
proceedings, child protection court proceedings nor child custody court
proceedings.”
“As a parent, Ms. Calgaro has a
fundamental right to make decisions concerning the care, custody and control of
her children,” the complaint cites. It quotes the U.S. Supreme Court, which
said, “We have recognized on numerous occasions the relationship between parent
and child is constitutionally protected.”
At all times, the defendants knew
their actions “effectively terminated the protected constitutional parental
rights of Ms. Calgaro violated the federal due process rights of Ms. Calgaro,”
the lawsuit charges.
http://www.wnd.com/2016/11/government-trying-to-switch-teens-sex-without-parental-consent/
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