Bishop Eaton expresses disappointment in Grants Pass Supreme Court decision

The Supreme Court cleared the way for cities to enforce bans on homeless people sleeping outside in public places on Friday, overturning a ruling from a California-based appeals court that found such laws amount to cruel and unusual punishment when shelter space is lacking. The high court sided with a town in Oregon that doing so doesn’t qualify as cruel or unusual punishment.

The case is the high court’s most significant ruling on the issue in decades and comes as a rising number of people in the U.S. are without a permanent place to live.

In a 6-3 decision along ideological lines, the high court found that outdoor sleeping bans don’t violate the Eighth Amendment.

Western cities, including Phoenix, had argued that the ruling made it harder to manage outdoor encampments in public spaces, but homeless advocates said punishing people who need a place to sleep would criminalize homelessness.

Justice Neil Gorsuch acknowledged those concerns in the opinion he wrote for the majority.

“Homelessness is complex. Its causes are many. So may be the public policy responses required to address it,” he wrote. “A handful of federal judges cannot begin to ‘match’ the collective wisdom the American people possess in deciding ‘how best to handle’ a pressing social question like homelessness.”

He suggested that people who have no choice but to sleep outdoors could raise that as a “necessity defense,” if they are ticketed or otherwise punished for violating a camping ban.

Homeless advocates, on the other hand, have said that allowing cities to punish people who have no other place to sleep would ultimately make the crisis worse. Cities had been allowed to regulate encampments under a U.S. 9th Circuit Court of Appeals ruling but couldn’t completely bar people from sleeping outdoors.

Presiding Bishop Elizabeth Eaton’s Statement

​I am disappointed by the Supreme Court's decision in Grants Pass v. Johnson, which clears the way for onerous civil and criminal penalties for unsheltered neighbors forced to sleep in parks or on other public property. This could jeopardize the work of Lutheran ministries and organizations dedicated to helping people experiencing homelessness. As a church, we are called by God's grace to love and serve the most vulnerable and marginalized neighbors in our communities.

Worshiping communities in the ELCA include people experiencing homelessness, which is not a moral failing; often it results from societal factors such as lack of affordable housing, stagnant wages and lack of affordable access to mental health services. Fining or imprisoning people without addressing these root causes drains public resources better directed at supportive housing services.  

Criminalizing homelessness is misguided both ethically and pragmatically. As Christians, we are called to embrace marginalized neighbors with compassion, not punishment. Penalizing people for lacking adequate housing runs counter to our core tenets of justice and dignity. Christ himself had "nowhere to lay his head" (Luke 9:58) and the prophet Isaiah urges the people of God to "bring the homeless poor into your house" (Isaiah 58:7). Criminalizing their circumstances compounds their suffering and diminishes their opportunities to find stability. 

The ELCA upholds the dignity of all people, affirming in its 1990 social message "Homelessness: A Renewal of Commitment"  that "God's love in Jesus Christ … [moves] us to care for homeless people as God cares for all."  

I call on our elected leaders and public servants to implement solutions rooted in basic human rights. Rather than punish those without shelter, we need to support policies and investments in affordable housing, boost homelessness prevention resources, collaborate with ministries and expand supportive services. 

As a church, we can: 

Learn and Engage: Let us educate ourselves about housing insecurity and about justice for the homeless. Visit the ELCA Homeless and Justice Network for more information. 

Pray: Let us use the ELCA's Homeless and Justice Ministries dedicated devotional guide to pray for those affected by this decision and for our ministries that work to secure shelter for those in need. 

Speak Out: Let us review the ELCA World Hunger resource on housing and engage in activities to support effective policies, such as writing a letter to a local news outlet or speaking out at a town hall. 

Criminalizing homelessness is an injustice we must reject. We remain committed to advocating for our unhoused neighbors. 

In Christ,

The Rev. Elizabeth A. Eaton 
Presiding Bishop
Evangelical Lutheran Church in America 

How does the Grants Pass v. Johnson ruling affect Arizona?

In two months, it will be illegal in Phoenix to camp within 500 feet of a school, childcare facility or city-owned park.

Because of the high court’s decision, the city will be able to legally enforce its urban camping, which targets homeless encampments.

“We still see the data in Maricopa County being 19 people into homelessness for every 10 we get out,” said Phillips Scharf, the CEO of CASS, to AZFamily’s Alexis Dominguez. “There is not enough space for all those in Maricopa County seeking shelter,” Scharf said. “We have thousands people waiting to get into affordable housing. The math just doesn’t make sense for us. We are not going to be able to house people fast enough.”

The most recent Point In Time Count shows there are 2,700 homeless people in Phoenix. The city has 1,000 shelter beds and is in the process of adding 800 more.

The city of Phoenix made the following statement on June 28 regarding the SCOTUS decision.

The City of Phoenix has worked strategically over the last several years to balance court orders from two different lawsuits, community needs, and available resources to address homelessness in our community. The City will continue to lead with services and will not criminalize homelessness, while we evaluate our programs based on the court’s ruling today. The City is confident in the processes created by the Office of Homeless Solutions and supporting departments to address encampments in a dignified and compassionate manner, connecting our most vulnerable residents with services while preserving the quality of life in our neighborhoods for all residents.

The 2024 Maricopa County Point-in-Time Count found a decrease of 19 percent in unsheltered homelessness within the City Phoenix and the first annual reduction in homelessness in Maricopa County since 2017. When offered diverse options that fit individualized needs, the vast majority of people experiencing homelessness will accept help and services. The City of Phoenix has prioritized creating more indoor shelter than ever before in the last several years. 790 new permanent shelter beds are planned for 2024 and 2025. 480 temporary beds were added in 2023 to serve people in need while the City continues to build permanent solutions. 592 permanent beds were also added in 2022. While we know shelter alone does not end homelessness, it is a crucial first step for many to connect with the right resources and support to end their homelessness. The City’s investments in shelter and appropriate services also help the City address encampments in neighborhoods, parks, transit stops, and other locations, alleviating public health and safety concerns.

The City is committed to its work in ending homelessness and recognizes that it requires comprehensive solutions such as affordable housing and prevention supports. The City will continue working diligently to create sustainable solutions for our community as a whole.

—The City of Phoenix

Read Vox article on the first successful public nuisance lawsuit in Phoenix (‘The Zone’) and other strategies in Tucson.