On April 22nd, the Supreme Court heard oral arguments for Grants Pass v. Johnson, a case that focuses on whether unhoused — the term that has generally replaced “homeless” — people with no indoor shelter options can even pull a blanket around themselves outdoors without being subject to criminal punishment.
Before making its way to the Supreme Court on appeal, the Ninth Circuit Court held that municipalities can’t punish involuntarily unhoused people for merely living in the place where they are. This is exactly what the city of Grants Pass, Oregon, did when it outlawed resting or sleeping anywhere on public property with so much as a blanket to survive in cold weather, even when no beds in shelters were available. The law makes it impossible for unhoused residents to stay in Grants Pass, effectively forcing them to either move to another city or face endless rounds of punishment. In Grants Pass, the punishment starts with a $295 fine that, if unpaid, goes up to $500, and can escalate from there to criminal trespass charges, penalties of up to 30 days in jail, and a $1,250 fine.
The issue before the court is whether such a law violates the Eighth Amendment’s restrictions against cruel and unusual punishment. The city is asking the court to decide that the Eighth Amendment doesn’t impose any substantive limit on what can be criminalized, so long as the punishment itself isn’t considered cruel and unusual. If so, municipalities across the nation would be free to make involuntary homelessness unlawful.
In response, more than 40 amicus briefs with over 1,100 signatories were filed against the city’s case, representing millions of people concerned about or potentially affected by the far-reaching consequences of such a decision. The Kairos Center for Religions, Rights & Social Justice — to which the two authors of this piece belong — submitted one such brief together with more than a dozen religious denominations, historic houses of worship, and interfaith networks. Along with the 13 official signatories of that brief, many more clergy, faith leaders, and institutions support its core assertion: that the Grants Pass ordinance violates our interfaith tradition’s directives on the moral treatment of poor and unhoused people. Indeed, the Supreme Court’s decision could dramatically criminalize poverty and homelessness nationwide, especially if cities near Grants Pass, in the state of Oregon, and across the country, put in place similar restrictions.
Sadly, such a scenario is anything but far-fetched, given not just this Supreme Court but all too much of this country. Since the early 2000s, our nation has regularly turned to policing and “law and order” responses to social crises. Often wielded against poor and low-income communities in the form of fines, fees, and risks of jail time, such threats are regularly backed up by police in full body armor, using tactical gear and, in this century so far, hundreds of millions of dollars of military equipment transferred directly from the Pentagon to thousands of police departments nationwide.
All of this has made the possibility of using violence and brute force more likely in relation to many situations, including the world of the unhoused. Most recently, of course, militarized police have swarmed campuses to help quell largely peaceful student protests over the war on Gaza. Consider it anything but ironic that when Northeastern University students were arrested for their Gaza encampment, they were taken to the same facilities where unhoused people were being processed during unhoused encampment sweeps, as local contacts in Boston have told us.
The homelessness and housing crises unfolding today reflect a broader national crisis of economic insecurity. In 2023, after all, approximately 135 million people or more than 40% of the nation, were considered poor or low-income and just one crisis away from becoming unhoused. In a dramatic return to pre-pandemic conditions,........