Wagner Provides Written Testimony on Michigan Senate Bill 1124

SPRING ARBOR, Mich. — Professor William Wagner, Distinguished Chair of the Wagner Faith & Freedom Center at Spring Arbor University, joined Katherine Bussard, Executive Director and CEO of Salt & Light Global, in submitting written testimony to the Michigan Senate Committee on Housing and Human Services concerning Senate Bill 1124, legislation addressing medical care for homeless and runaway youth.

The testimony raises concerns about the bill’s potential effect on parental rights, existing Michigan law, and safeguards surrounding significant medical decisions. Wagner and Bussard submitted the testimony in their personal capacities.

A central concern is the bill’s authorization of broad categories of medical treatment for qualifying minors without parental notice or consent. The testimony argues that existing Michigan law already permits true emergency medical care in circumstances where parental consent cannot be obtained, while SB 1124 could extend considerably beyond emergency situations. It also contends that the bill’s definitions of “homeless youth” and “runaway youth” may encompass children who have left otherwise fit homes without parental permission.

“The State has an important responsibility to protect vulnerable children, but protecting children and respecting the constitutional role of parents need not be competing objectives,” Wagner said. “When legislation affects fundamental parental rights and potentially life-altering medical decisions involving minors, lawmakers should proceed with exceptional care and provide clear safeguards for children, parents, and medical providers alike.”

The testimony cites a century of Supreme Court precedent recognizing constitutional protections surrounding parental authority, including Meyer v. Nebraska, Pierce v. Society of Sisters, Wisconsin v. Yoder, and the Court’s 2025 decision in Mahmoud v. Taylor. In Mahmoud, the Court addressed the intersection between parental authority over a child’s religious upbringing and the First Amendment’s Free Exercise Clause.

Wagner and Bussard also identify a potential inconsistency between SB 1124 and existing Michigan law governing minor parents. The bill provides that a homeless or runaway parent who is at least 14 may consent to treatment for his or her child. MCL 333.9132, however, recognizes the validity of a minor parent’s consent to health care for the minor’s child without specifying the same 14-year age threshold. The testimony urges lawmakers to resolve that ambiguity rather than leave young parents and health-care providers uncertain about how the provisions interact.

Finally, the testimony urges lawmakers to await guidance from the U.S. Supreme Court in International Partners for Ethical Care, Inc. v. Ferguson, No. 25-840, which is scheduled for oral argument on December 7, 2026. The case concerns whether parents have standing to challenge Washington laws and policies that allegedly displace parental decision-making concerning their children. The Wagner Faith & Freedom Center has a direct connection to the pending case. Earlier this year, the Center joined the Parental Rights Foundation in filing an amicus curiae brief in support of the petitioners, with Wagner serving as counsel of record. The brief urges the Supreme Court to protect parents’ ability to seek judicial review when government action allegedly displaces their decision-making role concerning their minor children.

The Michigan testimony concludes that proceeding with materially similar legislation before the Supreme Court speaks could create avoidable legal uncertainty and litigation. Wagner and Bussard urge lawmakers to table SB 1124 until the Court has ruled or the legislation can be revised to provide stronger safeguards while protecting vulnerable children and constitutionally protected liberties.