As the Supreme Court reviews the Grants Pass, Ore. v. Gloria Johnson case, the fate of ordinances that criminalize homelessness hangs in the balance. Advocates argue these ordinances violate the Eighth Amendment’s prohibition on cruel and unusual punishment, while cities maintain they’re necessary for public health and safety. The court’s decision will have far-reaching implications for the estimated tens of thousands of people experiencing homelessness in the United States.
The Supreme Court will decide whether local communities can criminalize homelessness by pushing unhoused people out of sight and mind. The case has its roots in long-standing laws that have been used to uphold white supremacy and criminalize the existence of marginalized groups. Today, the causes of homelessness are complex and often involve mental health issues, substance use disorders, incarceration, and housing insecurity. Most Americans believe that homelessness is a major problem and that the government should do more to fix it. However, there is also support for policies that deter people from sleeping in public spaces and for tearing down homeless encampments. Regardless of one’s views on these policies, it is important to recognize that criminalizing homelessness is not the solution. As Chief Justice John Roberts said during oral arguments in the Grants Pass case, “It’s not a solution to say ‘we don’t want homeless people,’ so therefore we’re going to criminalize them.” True solutions to homelessness require a multifaceted approach that addresses the underlying causes of the problem and provides a range of housing and support services to those in need.
