In a recent amicus brief, 46 groups advocating for LGBTQIA+ rights have approached the Supreme Court, arguing that ordinances criminalizing homelessness are tantamount to cruel and unusual punishment. They assert that such measures violate the Eighth Amendment. The Center for Constitutional Rights has filed this amicus brief on behalf of these groups.
The Center for Constitutional Rights released a statement explaining that the brief was submitted in response to a lawsuit initiated by Gloria Johnson and John Logan (City of Grants Pass v. Johnson). Both Johnson and Logan, unsheltered residents of Grants Pass, Oregon, challenged the constitutionality of five municipal ordinances that impose fines, arrests, and jail sentences on individuals who are involuntarily homeless. The U.S. Court of Appeals for the Ninth Circuit ruled in favor of the plaintiffs and granted an injunction to prevent enforcement of these ordinances.
According to the same press release, the brief argues that LGBTQIA+ individuals are disproportionately at risk of becoming homeless due to factors such as family rejection; lack of safe shelters; and discrimination in schools, employment, and housing sectors. It further states that there is a national homelessness crisis largely fueled by a lack of affordable housing.
"Because of discrimination in various forms, including family rejection and employment, educational, and housing discrimination, LGBTQIA+ people face elevated levels of poverty and homelessness," said Mikaila Hernández, a Bertha Justice Fellow and attorney with the Center for Constitutional Rights. Hernández added: "This is especially true for young people, who should be protected, not targeted for arrest."
