A petition for certiorari (
full text) was filed with the U.S. Supreme Court yesterday in
Calgaro v. St. Louis County. The petition frames the question presented as:
Whether parents’ Due Process Clause rights apply to local governments and medical providers ending parental rights, responsibilities or duties over their minor children’s welfare, educational, and medical care decisions without a court order of emancipation.
As described by the U.S. 8th Circuit Court of Appeals in its March 25, 2019 decision below (
full text):
In May 2015, E.J.K. moved out of Calgaro’s home in St. Louis County, Minnesota. Calgaro never surrendered her parental rights, but E.J.K. obtained a letter from Mid-Minnesota Legal Aid describing E.J.K.’s father and Calgaro as “hav[ing] given up control and custody of their child.” The letter concluded that E.J.K. was therefore “legally emancipated under Minnesota law.”... Based on E.J.K.’s claims of emancipation, St. Louis County provided E.J.K. with funding for medical services and other living expenses, and E.J.K. obtained gender transition care from Park Nicollet Health Services.
Thomas More Society issued a
press release announcing the filing of the petition for review.
