Bill,
As you seem to have discovered, ADS-B OUT installations require the air/ground status to be automatically detected. Manual switching is not allowed. This is one of the things the STC of ADS-B out does in a certified plane.
The auto air/ground switching is inside the transponder and has been fully TSO'd and accepted by the FAA. SkyView does not make that decision, however it DOES source some of the data required to do this from the AHRS. So to be ADS-B compliant, you need our AHRS.
I can't comment on how Garmin may do it, but they aren't the only ones that can do it algorithmically. We have the paperwork that says we can too
As far as we are concerned, any experimental EFIS changing modes on a Mode-S transponder without the pilot directly requesting it is not acceptable, which is why we did this inside the transponder, not inside the EFIS. The algorithm is required to be redundant against single input failures, and it requires certain behavior in specific failure cases, so it uses a lot more than just airspeed or VSI or any single input.