Legal / Diplomatic Addresses

Coming Soon

  • Speech at the Brazilian National Congress, House of Representatives (Brasilia, DF) (May 14, 2020)

  • Speech at the Confederation of Municipalities (entity encompassing more than 5,000 Brazilian cities) (Brasilia, DF) (May 14, 2020)

For a calendar of upcoming Legal / Diplomatic Addresses click HERE

Professor Wagner’s service includes extensive pro bono representation on behalf Christians in matters before a variety of executive, legislative, judicial and international forums.

Leaving a Legacy

Legal & Diplomatic Matters Addressed to Executive, Legislative, Judicial, and International Bodies

Brief before the Supreme Court of Sweden

  • In Re: Pastor Ake Green — Case Number: 1987-04 (2005) (representing Focus on the Family, ADF, Family Research Council, Christian Legal Foundation – Canada, and Jubilee – USA).  Whether the Swedish Government’s Suppression of a Pastor’s Religious Expression Unlawfully Infringed upon Fundamental Freedoms Guaranteed Under Treaties Ratified by Sweden? 

Briefs Before the United States Supreme Court

  • Fulton v. Philadelphia, (No. 19-431) (2020) Whether City of Philadelphia’s exclusion of Catholic Social Services from their foster care system violated the First Amendment Free Exercise Clause?
  • Little Sisters of the Poor v. Pennsylvania, et al. (No. 19-431) (2020) (representing Christian Business Owners Supporting Religious Freedom) Whether the Federal HHS Mandate requiring Christian business owners to participate in abortions of their employees, violates the Religious Freedom Restoration Act?
  • June Medical Services v. Gee (No. 18-1323 & 18-1460) (2019) (representing Right to Life of Michigan) Whether Roe v Wade Should be Overruled Because the 14th Amendment Does Not Include a Liberty Interest Protecting a Right to Abort an Unborn Child?
  • G. & GR Harris Funeral Homes, Inc. v. EEOC (No.18-107, 127-1618, 17-1623) (2019) (representing Great Lakes Justice Center) Whether the Court of Appeals improperly usurped power reserved to the Congress and President when it judicially amended Title VII to add transgender classifications?
  • Joel Doe, et al., v. Boyertown Area School District, et al. (No. 18-658) (2018) (representing American Association of Christian Schools et al.) Whether access to female public school bathrooms and showers by biological men violates the privacy rights of the female?
  • The American Legion, et al., v. American Humanist Association, et al., (No. 17-1717 & 18-18) (2018) (representing American Association of Christian Schools et al.) Whether a 93-year-old memorial to the fallen of WW I is unconstitutional merely because it is shaped like a cross; Whether the Court should reverse the judicially-created secular purpose test and apply the plain meaning of the words in the Establishment Clause?
  • Donald Trump, President of the United States v. Hawaii, (No. 17-965) (2018) (representing the Great Lakes Justice Center) Whether the President’s National Security Travel Ban Violates the Establishment Clause?
  • March v. Mills, (No. 17-689) (2017) (representing Christian organizations) Whether a noise provision that restricts speech based on the purpose the speaker has in making the noise is an unconstitutional content-based restriction on speech?
  • Kenosha Unified School District Bd. of Education v Whitaker, (No. 17-301) (2017) (representing American Association of Christin Schools, et al.) Whether the lower court’s decision is inconsistent with the plain meaning of Title IX, and whether it creates a hostile and discriminatory environment for students, faculty, administrators, and parents?
  • Donald J. Trump, President of the United States, v. International Refugee Assistance Project et al., (Nos. 16-1436, 16-1540) (2016) (representing State and Federal legislators) Whether the President’s Executive Order banning travel from nations posing a threat to our national security violates the Establishment Clause?
  • Gloucester County School Board v. GG, ( 16-273) (2016) (representing Christian Educators International and Michigan Association of Christian Schools, et al.) Whether the U.S. Department of Education interpretation of Title IX to allow men to invade a girl’s bathroom in the public school was wrong?
  • Masterpiece Cakeshop v. Colorado Civil Rights Commission, (No. 16-111) (2016) (representing Christian business owners) Whether Colorado law that substantially interferes with sincerely held religious beliefs violates the Free Speech and Free Exercise Clauses of the First Amendment?
  • Obergefell v. Hodges, (Nos. 14-556, 14-562, 14-571, 14-574) (2015) (representing National Coalition of Black Pastors and Christian Leaders) Does the Fourteenth Amendment Require a State to License a Marriage Between Two People of the Same Sex?
  • Rainey v. Bostic (Nos. 14-153, 14-225, 14-251) (2014) (representing National Coalition of Black Pastors and Christian Leaders) Whether it is Lawful for a Federal Court to Force a State to Redefine Marriage?
  • Herbert v. Kitchen (No. 14-124) (2014) (representing National Coalition of Black Pastors and Christian Leaders) Whether it is Lawful for a Federal Court to Force a State to Redefine Marriage?
  • Moises Sanchez-Llamas, v. State of Oregon (No.04-10566) (January 30, 2006) (representing ADF) Whether the Judgment of the International Court of Justice Creates an Irreconcilable conflict with Well Established Constitutional Doctrines of Criminal Procedure?
  • Bustillo v. Virginia Department of Corrections, (05-51) (January 30, 2006) (representing ADF) Whether the U.S. Supreme Court should, for the Rule of Decision in a Case, Defer to a Decision of the International Court of Justice? 
  • Medellin v Dretke – USSC 04-5928 (2005) (representing Focus on the Family and the Family Research Council) Whether a Court of the United States should give Effect to an International Court of Justice Judgment Inconsistent with a Prior Decision of the U. S. Supreme Court?
  • Gonzalez v State of Oregon — USSC 04-623 (2004) (representing Focus on the Family and the Family Research Council) Whether the Federal Controlled Substances Act Pre-empts Oregon Law authorizing Physicians to Dispense Drugs to Assist in the Killing of a Human Being?
  • Ashcroft v State of Oregon — USSC 04-623 (2004) (representing Focus on the Family and the Family Research Council) Whether the Federal Controlled Substances Act Pre-empts Oregon Law Authorizing Physicians to Dispense Drugs to Assist in the Killing of a Human Being? \
  • Ashcroft v. ACLU — USSC 03-218 (2003) (representing Focus on the Family and the Family Research Council) Whether the Child Online Protection Act is Constitutional?

 

Selected Briefs Filed on Behalf of Christian People

in other State and Federal Courts

  • McAdams v. Marquette University 2017AP1240 (Wisc. 2017) (amicus University Professors and Academics) (Whether university breached the plain meaning of a university contract incorporating First Amendment protections when it fired Christian professor because of his expression?)
  • Simpson v. Pickens, — No. 152036 (MI 2016) (amicus Michigan Right to Life) Whether a Plaintiff need not meet the affirmative-act requirement of MCL 600.2922A to have a viable cause of action under Michigans Wrongful Death Act , MCL 600.2922?
  • Deboer v. Snyder – No. 14-1341 (6th 2014) (representing Coalition of Black Pastors from Detroit, Outstate Michigan, and Ohio) Whether the Federal Trial Court Erred in Forcing the State of Michigan to Redefine Marriage?
  • Robicheaux v. Caldwell; Robicheaux v. George; Forum for Equality v Barfield – No. 14-31037 (5th 2014) (representing the National Coalition of Black Pastors and Christian Leaders) Whether Loving v. Virginia Prohibits States from Enacting Laws that Prevent Marriage Redefinition?
  • United States v. Extreme Associates 05-1555 (3rd Cir. 2005) (representing Focus on the Family, Family Research Council, ADF, and Alan Sears as Former Executive Director of the Meese Commission) Whether the District Court Erred In Striking Down Federal Statutes Prohibiting The Commercial Distribution Of Obscene Materials

 

Testimony/ Presentations/ Written Evidence  

  • Stop Dismembering and Decapitating Living Unborn Children – non-partisan written testimony before the Michigan Senate Committee on the Judiciary on SB 229 (April 25, 2019)
  • Stop Dismembering and Decapitating Living Unborn Children – non-partisan written and oral testimony before the Michigan House of Representatives Committee on Families, Children, and Seniors on HB 4320 (April 24, 2019)
  • Good, Right, and Just – presented to the Republic of Columbia Military (April 1, 2019)
  • Thou Shalt not Steal, non-partisan testimony before the Michigan House of Representatives Judiciary Committee on HB 4001 & 4002 (February 19, 1019)
  • The Rule of Law, non-partisan expert testimony on whether an unelected State Civil Rights Commission can change the meaning of a civil rights statute to provide a legal right for biological men to access public female bathrooms and showers (July 23, 2018)
  • Character and Fitness Qualifications, presented to the United States Supreme Court, Washington D.C. (June 11, 2018)
  • Sunset on Bad Governance, written testimony submitted to the State of Colorado legislature (April 18, 2018)
  • Pro-Family Strategies for Good Governance under the Rule of Law, presented to pro-family leaders and members of the Peruvian Congress (March 9, 2018)
  • The Cross, non-partisan expert testimony on the Plain Meaning of the Establishment Clause, and the Constitutionality of a Memorial to Pere Marquette, before the Pere Marquette Township Board (January 23, 2018)
  • The Sanctity of Life, comment of the Great Lakes Justice Center in response to a request for information from the United States Departments of Health and Human Services (HHS), Labor, and the Treasury (HHS Abortion Mandate) (November 22, 2017)
  • The Lack of Authority of the Civil Rights Commission to Promulgate Statutory Policy, non-partisan testimony before the Michigan Civil Rights Commission (September 18, 2017)
  • Jurisdictional Autonomy and Ideological Currents in the Administration of Justice, presented to the Peruvian Supreme Court, members of the Peruvian Judiciary, members of Peruvian legislature, and the Ministry of Justice at the Palace of Justice, Conferencia: Corrupcion De Funcionarios Etica Y Valores en la Funcion Publica (June 2, 2017)
  • Good Governance, the Rule of Law, and the Proper Role of the Judiciary, presented to the Peruvian Supreme Court, members of the Peruvian Judiciary, and the Ministry of Justice at the Peruvian Judicial Academy (Academia de la Magistratura) (June 2, 2017)
  • Human Rights and Wrongs, presented to Executive Branch officials at Defensoria del Pueblo, Colombia (May 31, 2017)
  • Parents and the Health of their Children, non-partisan expert testimony on the Good Governance reform needed to protect constitutional liberties of parents and other citizens seeking vaccine waivers, before the Michigan House of Representatives Education Reform Committee (May 25, 2017)
  • Qualifications and Character, non-partisan expert written testimony on the qualifications and character of the Hon. Neil Gorsuch to serve on the Supreme Court, submitted to the United States Senate, Committee on the Judiciary, (March 20, 2017)
  • Man and Woman, formal submission to the Federal Executive Branch to rescind a policy position holding that the prohibitions on discrimination “on the basis of sex” in Title IX require access to sex-segregated facilities based on a person’s self-proclaimed “gender identity.” (Jan. 26, 2017) NOTE: The DOJ and DOEd did so on Feb 22, 2017
  • Title IX – What it Really Says, non-partisan expert testimony on matters related to proposed policy relying on Title IX, before the Michigan State Board of Education (May 10, 2016)
  • Human Life, non-partisan expert testimony on the Constitutionality of the legislative prerogative to not fund the killing of the unborn, before the Michigan House of Representatives Appropriations Committee (January 27, 2016) 
  • RFRA, non-partisan expert testimony on exercise of government power infringing on religious conscience, and the need for HB 5958, the “Religious Freedom Restoration Act” before the Michigan House of Representatives Judiciary Committee (December 4, 2014)
  • Parents, Truth, Human Rights, and the United Nations, presented to U.N. diplomats at the Global Family Policy Forum, sponsored by Family Watch International (January 16, 2014)
  • Parents and the Constitution, non-partisan expert testimony on House Concurrent Resolution 11, (concerning fundamental liberties under the United States Constitution) to the Michigan House of Representatives Committee on Families, Children, and Seniors (Feb. 7, 2012)
  • Life Matters, non-partisan expert comments on the Interim Final Rules on Preventive Services to the United States Department of Health and Human Services (2011)
  • The Constitutionality of House Bill 4109: “The Partial Birth Abortion Act” non-partisan testimony before the Michigan House of Representatives, Committee on Families, Children, and Seniors. (June 16, 2011)
  • We Hold These Truths…, Keynote Address on Unalienable Rights at the Maine State Capitol (May 6, 2011)
  • Homeland Security, Governance and Constitutional Law (with Lt General William Boykin), presented at the Michigan State Capitol (March 24, 2011)
  • The American Constitution, International Treaties, and State Governance, presented at the Iowa State Capitol (March 23, 2011)
  • Constitutional Legal Developments Impacting State Governance in Primary and Secondary Education, presented at the Iowa State Capitol (March 23, 2001)
  • The Jurisprudential Battle over the Character of a Nation, presented in Trinidad to citizens, clergy, and government officials of the nation, including the Office of the Prime Minister (2010)
  • God, Man and Unalienable Rights, presented at the United States Capitol, on the occasion of the International Legal Conference on Freedom of Speech and Religion (Congressional Auditorium – U.S. Capitol, Washington D.C. October 28, 2009)
  • Interpreting the Establishment Clause – World Views Colliding, presented at the United States Capitol, on the occasion of the International Legal Conference on Freedom of Speech and Religion (Congressional Auditorium – U.S. Capitol, Washington D.C. October 28, 2009)
  • Government Regulation of Religious Expression – Weapon of Cultural Genocide, presented at the United States Capitol, on the occasion of the International Legal Conference on Freedom of Speech and Religion (Congressional Auditorium – U.S. Capitol, Washington D.C. October 28, 2009)
  • Written Evidence Presented to the Government of the United Kingdom: CCFON/ CLC Response to Dept. for Schools, Children, and Family Consultation on the CYPF Grant Programme to Third Sector Organizations (co-author October 2009)
  • Written Evidence Presented to the Government of the United Kingdom: CCFON/ CLC Response to Dept. for Schools, Children, and Family Consultation on Home Education Registration and Monitoring Proposals (co-author October 2009)
  • Written Evidence Presented to the Government of the United Kingdom: CCFON/ CLC Response to Government Equalities Office Consultation on the Equality Bill (co-author September 2009)
  • Written Evidence Presented to the Government of the United Kingdom: CCFON/ CLC Response to OFCOM Consultation on the U.K. Broadcasting Code Review (co-author September 2009)
  • Government Persecution of Christians in Western Nations, formal interventions on behalf of persecuted Christians presented to International Diplomats at a meeting of participating States of the Organization for Security and Cooperation in Europe (OSCE) (Vienna, Austria – July 9-10, 2009)
  • Written Evidence Presented to the Government of the United Kingdom: CCFON/ CLC Response to the U.K. Consultation on Curricular Reform (re: Non-Statutory Guidance on Religious Education) (co-author July 2009)
  • Written Evidence Presented to the Government of the United Kingdom: CCFON/ CLC Response to the U.K. Consultation on Curricular Reform (re: Personal, Social, Health and Economic Education) (co-author July 2009) 
  • Written Evidence Presented to the Government of the United Kingdom: CCFON/ CLC Response to the BCAP Code Review (co-author June 2009)
  • The Legal and Moral Inequalities of Equality Bill, presented to the Equality and Human Rights Commission of the United Kingdom (June 23, 2009)
  • Government Persecution of Christians and the Deterioration of Good Governance under the Rule of Law in the United Kingdom, presented at the UK Parliament, Portcullis House – House of Commons, (London, U.K. – June 3, 2009)
  • The Relevance of Morality to Good Governance under the Rule of Law in the Americas, presented to a delegation of lawyers, judges, executive officials, and others representing ten different countries from South and Central America, at the International Visitor Leadership Program sponsored by the United States Department of State. (March 5, 2008)
  • Constitutional Concerns with Proposed Educational Reforms: 1) How Compulsory Attendance Provisions in HB 4042 Potentially Violate a Parent’s Constitutional Right to Direct the Educational Choices of their Children;2) How Truancy Policy Provisions proposed in HB5382 Raise Serious  Constitutional Due Process Concerns, testimony before the Michigan House of Representatives, Committee on Education (January 29, 2008)
  • The Constitutionality of Senate Bill 776, the “Partial Birth Abortion Ban Act,” written testimony before the Michigan Senate, Committee on Health Policy (January 16, 2008)
  • The Ethical Dimensions of Conducting Research and Experiments on Live Human Embryos as Proposed in H.B. 4616, written testimony before the Michigan House of Representatives, Judiciary Committee (November 7, 2007)
  • The Fundamental Rights of Free Expression and Free Exercise of Religious Conscience, presented at the United Nations Human Rights Council in Geneva (March 30, 2007)
  • The Constitutionality of HB 5251 revising the State School Code, presented to the House Standing Committee on Education of the Michigan Legislature (June 7, 2006)
  • The Case against Assisted-Suicide and Euthanasia, written evidence before the Parliament of the United Kingdom, House of Lords Select Committee on Assisted Dying for the Terminally Ill Bill (2005)
  • Obscenity Law and the Federal Courts, written testimony submitted to the United States Senate Judiciary Committee (2005)
  • The Constitutionality of the Public Display of the Ten Commandments, presented to the House Standing Committee on Government Operations of the Michigan Legislature. (2005)
  • Effective Investigative Techniques in Corruption Cases, presented to officials in Office of the Public Prosecutor and select judges as part of a USAID Rule of Law/ DPK Program in the Middle East. (West Bank; Gaza) (August 30 – September 2, 2004)
  • Effective Trial Techniques in Corruption Cases, presented to officials in Office of the Public Prosecutor and select judges as part of a USAID/ DPK Rule of Law Program in the Middle East. (West Bank; Gaza) (August 30 – September 2, 2004)
  • International Law and the Investigation of Corruption, presented to officials in Office of the Public Prosecutor and select judges as part of a USAID/ DPK Rule of Law Program in the Middle East., (West Bank; Gaza) (August 30 – September 2, 2004)
  • Institutional Integrity and Legal Reform, presented to officials in Office of the Public Prosecutor and select judges as part of a USAID/ DPK Rule of Law Program in the Middle East. (West Bank; Gaza) (August 30 – September 2, 2004)
  • The Importance of Ethics and Integrity in the Reconstruction of a Government under the Rule of Law, presented to officials at the U.S. Department of State/ USAID/ US Department of Justice / Environmental Protection Agency/ Administrative Office of the U.S. Courts/ and others (March 1, 2004)
  • Introductory Discussions on Reconstruction in Liberia, presented via tele-conference to representatives of the United States Department of State, Department of Justice, and the President of the Liberian Bar Association (October 1, 2003)
  • Ethics, Democracy, and the Rule of Law in Liberia PART II, presented to a U.S. contingent to a new United Nations police force in West Africa. (February 19, 2004)
  • Ethics, Democracy, and the Rule of Law in Liberia PART I, presented to a U.S. contingent to a new United Nations police force in West Africa (December 16, 2003)
  • Establishing Institutional Ethics and Fighting Public Corruption in Nigeria Part I, presented while participating at a U.S. government rule of law assistance program in Abuja, Nigeria (December 9 – 12, 2002) 
  • Establishing Institutional Ethics and Fighting Public Corruption in Nigeria Part II, presented while participating at a U.S. government rule of law assistance program in Abuja, Nigeria (December 9 – 12, 2002)
  • Establishing Institutional Ethics and Fighting Public Corruption in Nigeria Part III, Presented while participating at a U.S. government rule of law assistance program in Abuja, Nigeria (December 9 – 12, 2002)
  • America and Russia: Ethics, Democracy, and the Rule of Law, presented to official delegation of Russian Lawyers and Judges, including part of the Russian Supreme Court, (Sponsored by the U.S. Congress, Library of Congress, Novorossiisk/ G’ville Sister City Program September 26, 2002)
  • Fighting White Collar Crime and Corruption, presented to a delegation of senior Brazilian Judges, Prosecutors, and Defense Attorneys, University of Florida (July 10, 2002)
  • Ethics and Constitutional Governance, presented to delegation of Brazilian Judges, Prosecutors, and Defense Attorneys, University of Florida (July 10, 2002)
  • Public Integrity and Personal Virtue in Nigeria — Fundamental Principles of Decency, presented to the Independent Commission on Public Corruption, Republic of Nigeria (April 2-5, 2002)
  • Ethical Considerations in a War Against Public Corruption, presented to the Independent Commission on Public Corruption, Republic of Nigeria (April 2-5, 2002)
  • Strategies for fighting Public Corruption: Ethical and Policy Considerations, presented to the Hungarian Government, Budapest Hungary, (November 13-17, 2000)
  • The Constitutional Role of the House of Representatives in a Developing Democracy: The Workings of the House, presented to the House of Representatives, Republic of Liberia, (December 1999) 
  • Making Legislative Committees Work, presented to the House of Representatives, Republic of Liberia, (December 1999)
  • The Constitutional Role of the Senate in a Developing Democracy, presented to the Senate, Republic of Liberia, (December 1999)
  • Ethical Conduct and Professional Responsibility of Judges, presented to the Supreme Court of Liberia, (November 1999)
  • Strengthening Democracy and the Rule of Law in Liberia, presented to the Supreme Court of Liberia, (February 24, 1999)
  • A Moral Imperative: Investigation and Prosecution of Rape Cases, presented to the Delegation of Attorneys General, Republic of China, Washington D.C. (1993)

Matters before National and State Bar Committees

Professor Wagner’s service includes addressing national and state bar committees on issues involving legal education and the practice of law.

  • The Threat to Religious Freedom, presented to State Bar of Michigan, Religious Liberty Law Section (June 3, 2019)
  • Written Comments on Proposed Changes to ABA Model Rule of Professional Conduct 8.4, presented to the American Bar Association Standing Committee on Ethics and Professional Responsibility (March 10, 2016)
  • Moral Standards and the Practice of Law, presented to the American Bar Association, Standing Committee on Ethics and Professional Responsibility (San Antonio, Texas) (2004)
  • The Moral Foundation of Institutional Virtue, presented to the State Bar of Michigan, Legal Education and Professional Standards Committee (Lansing, Michigan) (2003)