The fight for dignity: America’s dehumanization of individuals experiencing homelessness

Abstract

This past June, the Supreme Court released its much-anticipated decision of Grants Pass v. Jackson (2024), which questioned whether city ordinances surrounding and banning encampments were unconstitutional under the Eighth Amendment. The Court came back with a 6-3 decision of “No,” allowing for future governments to place encampment restrictions and regulations that specifically target homeless populations in their areas.

Associate Justice Gorsuch stated that the Court understood the complexities of homelessness and how it could be out of the individual’s control. He reasons it is why a statute punishing the status of being homeless would be unconstitutional. However, because these ordinances did not directly point out the homeless population, and instead, as the majority explains it, focused on anyone who camps in public areas, it is constitutional.

This case was not about how to solve homelessness, but rather, to rule if criminalizing sleeping in public places when there is no
shelter was unconstitutional. Criminalizing homelessness does not, however, solve the issue. Cities focus on criminalization instead of treating the crisis, giving attention to discarding homeless individuals instead of making their goal to eliminate homelessness.

The short-term responses to the Supreme Court’s recent ruling have made society’s flaws clear. However, if governments adjust policies from criminalization to rehabilitation, the long-term effects can shift to a solution to the homelessness crisis, instead of adding to it.