The Supreme Court ruled in a 6-3 decision that cities can enforce bans on homeless people sleeping outdoors, even in areas with a lack of shelter space, overturning a ruling by a San Francisco-based appeals court. The majority found that outdoor sleeping bans do not violate the Eighth Amendment prohibition against cruel and unusual punishment. This decision is seen as significant as the number of homeless people in the U.S. continues to rise.
Justice Neil Gorsuch wrote for the majority, stating that homelessness is a complex issue that requires various public policy responses, and that cities should be able to regulate outdoor encampments encroaching on public spaces. Homeless advocates argue that punishing people for needing a place to sleep criminalizes homelessness and makes the crisis worse.
The case originated in Oregon, where local ordinances fined people for sleeping outside after tents began crowding public parks. The U.S. 9th Circuit Court of Appeals had previously ruled that such bans violate the Eighth Amendment in areas with insufficient shelter beds. Homelessness in the U.S. has increased by 12% in the past year, with over 650,000 people estimated to be homeless, many of whom sleep outside.
The ruling has sparked debate over how to address homelessness, with advocates calling for more resources and support for those in need. The situation is particularly dire for older adults, LGBTQ+ individuals, and people of color. The Supreme Court’s decision is likely to face continued legal challenges as the issue of homelessness remains a pressing social concern.
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