Attorney petitioning Supreme Court to challenge Minnesota's emancipation laws
(FOX 9) - A Minnesota attorney is petitioning the U.S. Supreme Court to hear a case that could decide if the state’s laws regarding emancipation are unconstitutional.
It comes after state courts found that a Minnesota teen could be emancipated and receive transgender medical services without a court order or parental consent.
This case is of interest because it not only touches on the issue of emancipation, but also receiving elective medical services because a child is emancipated.
It sounds complicated, but what the petition is asking for is actually fairly simple.
Anmarie Calgaro says she’s fighting for parental rights for all by taking her experience and her case to the highest court in the nation.
“It’s the biggest case,” said Erick Kaardal, an attorney. “The biggest parental rights case the Supreme Court would have taken in approximately 15 years and so it’s a huge deal.”
Calgaro had legal joint custody of her oldest son, but at the age of 15, he left home and started receiving county and medical assistance that ultimately led to transgender services.
This could all happen because state and county agencies considered him emancipated without a court order.
It is legal and two state courts are hoping to change Minnesota laws by filing a petition with the U.S. Supreme Court to find that the lower court was wrong in its decision.
They believe Minnesota emancipation laws are unconstitutional.
“We’re not against medical insurance for children that are emancipated by a court order, but we are concerned about medical insurance for children not emancipated by a court order when the parents are willing to pay for it,” Kaardal added.
Kaardal says Calgaro and her child have a good relationship now and talk quite a bit. She has three other young children that he says she worries about. The petition is for them and many other families.
“It’s a huge resetting of parental rights and we’re hopeful the U.S. Supreme Court will take it and it will have nationwide effect,” Kaardal said.
He believes he will likely hear whether the Supreme Court will take the case sometime in October.