EDITOR’S NOTE: 

In 2019, a group of homeless folks were living on a deserted piece of land along the Chehalis River, a drainage basin that empties into Grays Harbor, an estuary of the Pacific Ocean, on the coast of the state of Washington. When the city of Aberdeen ordered the homeless encampment cleared out, some of those unhoused residents took the city to court, because they had nowhere else to go. Aberdeen finally settled the case by agreeing to provide alternative shelter for the residents since, the year before, a US court of appeals had ruled in the case of Martin v. Boise that a city without sufficient shelter beds to accommodate homeless people encamped in their area couldn’t close the encampment.

Indeed, for years, homeless people on the West Coast have had one defense set by the US Court of Appeals for the 9th Circuit. In Martin v. Boise, it ruled that criminalizing people who had nowhere else to sleep was indeed “cruel and unusual punishment.” However, a group of homeless folks in Grants Pass, Oregon, who had been fined and moved from place to place because they lacked shelter, took their case all the way to the Supreme Court. And in June, it ruled against them, overturning Martin v. Boise and finding that punishing homeless people with fines and short stints in jail was neither cruel, nor unusual, because cities across the country had done it so often that it had become commonplace.

Dozens of amicus briefs were filed around Grants Pass v. Johnson, including more than 40 friends of the court briefs against the city’s case. The Kairos Center for Religions, Rights & Social Justice (to which the authors of this piece are connected) submitted one such brief together with more than a dozen other religious denominations, historic houses of worship, and interfaith networks. The core assertion of that brief and the belief of hundreds of faith institutions and untold thousands of their adherents was that the Grants Pass ordinance violated our interfaith tradition’s directives on the moral treatment of the poor and unhoused.

One notable amicus brief on the other side came from—be surprised, very surprised—supposedly liberal California Governor Gavin Newsom who argued that, rather than considering the poverty and homelessness, which reportedly kills 800 people every day in the United States, immoral and dangerous, “Encampments are dangerous.” Wasting no time after the Supreme Court ruling, Newsom directed local politicians to start demolishing the dwellings and communities of the unhoused.

Since then, dozens of cities across California have been evicting the homeless from encampments. In Palm Springs, for instance, the city council chose to demolish homeless encampments and arrest the unhoused in bus shelters and on sidewalks, giving them just 72 hours’ notice before throwing out all their possessions. In the state capital of Sacramento, an encampment of mostly disabled residents had their lease with the city terminated and are now being forced into shelters that don’t even have the power to connect life-saving devices (leaving all too many homeless residents fearing death). The Sacramento Homeless Union filed a restraining order on behalf of such residents, but since Governor Newsom signed an executive order to clear homeless encampments statewide, the court refused to hear the case and other cities are following suit.

In the wake of the Supreme Court ruling, such acts of demolition have spread from California across the country. In August alone, we at the Kairos Center have heard of such evictions being underway in places ranging from Aberdeen, Washington, to Elmira, New York, Lexington, Kentucky, to Lancaster, Pennsylvania—to name just a few of the communities where homeless residents are desperately organizing against the erasure of their lives. Cruel but Not Unusual

However unintentionally, the six conservative Supreme Court justices who voted for that ruling called up the ghosts of 17th-century English law by arguing that the Constitution’s mention of “cruel and unusual punishment” was solely a reference to particularly grisly methods of execution. As it happens, though, that ruling unearthed more ghosts from early English law than anyone might have realized. After all, in the 16th and 17th centuries, peasants in England lost their rights to land they had lived on and farmed for generations. During a process called “enclosure,” major landholders began fencing off fields for large-scale farming and wool and textile production, forcing many of those peasants to leave their lands. That mass displacement led to mass homelessness, which, in turn, led the crown to pass vagrancy laws, penalizing people for begging or simply drifting. It also gave rise to the English workhouse, forcing displaced peasants to labor in shelters, often under the supervision of the church.

To anyone who has been or is homeless in the United States today, the choice between criminalization and mandated shelters (often with religious requirements) should sound very familiar. In fact, Justice Neil Gorsuch, who delivered the majority opinion in the Grants Pass case, seemed incredulous that the lower court ruling they were overturning had not considered the Gospel Rescue Mission in that city sufficient shelter because of its religious requirements. In the process, he ignored the way so many private shelters like it demand that people commit to a particular religious practice, have curfews that make work inconceivable, exclude trans or gay people, and sometimes even require payment. He wrote that cities indeed needed criminalization as “a tool” to force homeless people to accept the services already offered. In addition to such insensitivity and undemocratic values, Gorsuch never addressed how clearly insufficient what Grants Pass had to offer actually was, since 600 people were listed as homeless there, while that city’s mission only had 138 beds.

Instead, the Supreme Court Justice sided with dozens of amicus briefs submitted by police and sheriff’s associations, cities and mayors across the West Coast (in addition to Governor Newsom), asking for a review of Martin v. Boise. In that majority opinion, Gorsuch also left out what his colleague, Supreme Court Justice Sonia Sotomayor, revealed in her fiery dissent: The stated goal of Grants Pass, according to its city council (and many towns and cities across the West), is to do everything possible to force homeless people to leave city limits. The reason is simple enough: Most cities and towns just don’t have the resources to address the crisis of housing on their own. Their response: Rather than deal better with the homelessness crisis, they punch down, attempting to label the unhoused a threat to public safety and simply drive them out. In Grants Pass, the council president said, in words typical of city officials across the country: “The point is to make it uncomfortable enough for [homeless people] in our city, so they will want to move on down the road.” The United States of Dispossession

This country, of course, has a long history of forcing people to go from one place to another, ranging from the horrors of the transatlantic slave trade to widespread vagrancy laws. From the very founding of the United States, as the government encountered Indigenous people who had held land in common since time immemorial, they forced them off those very lands. They also subjected generations of their children to Indian boarding schools patterned after English workhouses. In just a few hundred years, the government attempted to destroy a series of societies that provided for all their people and shared the land. Now, Indigenous people have the highest rates of homelessness in this country. And in the modern version of such homelessness, the West has become a region of stark inequality, where Bill Gates owns a quarter of a million acres of land, while millions of people struggle to find housing. Put another way, 1 percent of the American population now owns two-thirds of the private land in the nation. Such inequality is virtually unfathomable!