The U.S. Supreme Court has recently taken on the case of Grants Pass v. Johnson, which aims to decide whether the rights of homeless people are protected under the Eighth Amendment. 

The City Council of Grant Pass, Ore. is on a mission to rid their city of its homeless population. They feel punishment is the way to solve it, ignoring the root of the problem. Rather than solve the housing crisis that has been brewing there for decades, they are prohibiting any sleeping in public, making homeless people move parks every 72 hours and shutting off public access to water. 

The aim, according to Council President Lilly Morgan, is to “make it uncomfortable enough for them in our city so they will want to move on down the road.” 

It’s important to note that the only shelter option available currently in Grants Pass is Gospel Rescue Mission, which requires residents to be sober, dress according to their birth gender and attend regular Christian services. A new temporary shelter is being established, but it can not come close to meeting the demand for the local unhoused population. 

The director of that mission, Brian Bouteller, seems to think that homeless people are choosing that life, and the answer is to punish them for it. He compared it to receiving a speeding ticket as a teenager, saying that made him change his ways and be a better driver. Additionally, Bouteller believes organizations passing out coats to the homeless are enabling them and they should be made to be as uncomfortable as possible so they have the desire to seek help. 

“They have the option to not sleep in the park,” he said. “I mean, we have forests all over the place.”

So according to the actions of the city council and shelter of Grant Pass, only cis, Christian homeless people deserve to be helped, and everyone else needs to be forced to sleep in the woods without any means of warmth so they are finally uncomfortable enough to “choose” not to be homeless.

The Supreme Court began to address this last week, dividing firmly on party lines. Conservative Justices took a familiar stance: it should be up to individual municipalities to make decisions about homelessness. They also argued that homelessness is not a status protected under the Eighth Amendment, and so forbidding them to sleep outside while still leaving them stuck in freezing temperatures with no shelter and no recourse is not cruel and unusual punishment. Liberal justices largely argued that it does violate the amendment and they should have their basic rights protected.

Justice Sonia Sotomayor commented, “Where do we put them if every city, every village, every town lacks compassion and passes a law identical to this? Where are they supposed to sleep? Are they supposed to kill themselves not sleeping?”

This story is really striking because it highlights just how poorly many politicians view the homeless population in this country. Unless they fit a perfect demographic, they are blamed for their status, punished and denied help. Many politicians accept no fault for the housing crisis causing many people to lose their homes, yet villainize homeless people and treat them as a group of subhumans to be manipulated and moved around however the city sees fit. 

Low-barrier shelters are an undeniable necessity for this country. You cannot punish people for living on the street and give them no recourse. Politicians might as well be asking for exactly what Sotomayor commented — for poor conditions to rid them of the problem and keep their hands clean.

Denver is not as harsh as many cities on its homeless population, but there is room for improvement. In 2018, Colorado established the Right to Rest Act permitting homeless people to sleep and eat in public spaces. However, Denver has only 15 shelters (4,500 beds) for its population of ~11,985 homeless people, which has risen by 44% in the last five years.

If you want to make a difference in the homelessness crisis here in Denver visit denvergov.org  for ways you can donate or volunteer.