Pastor's Briefing: The Legality of Homelessness
For some workers, that could mean reassignment, as regulations that agencies enforce could be drastically altered. For constituents, it could mean the loss or restoration of much-needed support.
This week, we look at another Supreme Court decision that has implications across the country: City of Grants Pass v. Johnson. This decision, handed down in June, drew plenty of media coverage because it dealt with the widespread issue of homelessness; specifically, the ability of individual municipalities to regulate the spaces in which individuals experiencing homelessness can live (read: sleep or set up camp). The Court, in a 6-3 decision, ruled that municipalities have the right to restrict, remove, and even arrest individuals from areas, at their discretion.
What God says: “Is not this the fast that I choose: to loose the bonds of wickedness, to undo the straps of the yoke, to let the oppressed go free, and to break every yoke? Is it not to share your bread with the hungry and bring the homeless poor into your house; when you see the naked, to cover him, and not to hide yourself from your own flesh?" Isaiah 58:6-7
What is good that requires encouragement? The Federal government, through the Department of Housing and Urban Development (HUD), encourages local solutions through Community Development Block Grants (CDBG dollars). Many communities are working hard to address homelessness, and churches are often heavily invested and involved in initiatives for care.
What is broken that needs restoration? We need a deeper understanding of homelessness and its impact on individuals and the community. Small businesses, typically located in downtown urban areas, are often disproportionately impacted by the homeless community blocking doors, frequenting bathrooms, and making customers feel uncomfortable. This brings an economic cost (loss) to the community. Local communities need to build larger and more engaged coalitions to address the causes of homelessness in their communities. Finally, we must prioritize image-bearing human dignity over mental health-driven desires for autonomy.
What is missing that awaits creation? Our communities are in need of programs that differentiate between circumstantial homelessness (loss of housing) and service-averse homelessness (mental illness). Programs for the service-averse are difficult due to mental illness, which makes retraining programs extremely unlikely to work. In these cases, rapid housing with lowered expectations is almost always less expensive. The cost of frequent hospitalizations due to extreme temperatures and unsanitary conditions is significantly higher than housing. Further, bail-secured releases keep the homeless incarcerated and drive up costs.
What is evil that demands opposition? Homelessness, at its core, is a result of the fall. It is not a sin to experience homelessness, but it is a sin to ignore those enduring it, and even more so to mock those who are currently without shelter. Individuals "living" outside, on the streets, is dangerous, degrading, and damning of the culture that allows it.
Who is impacted? Are there individuals in your congregation who are experiencing homelessness? Are there people who are in danger of housing insecurity? Taking steps to address these situations is the work of the deacons and your ministry teams. Your teachers, doctors, social workers, and merchants are often in the best position to identify these individuals. What support do they need to help the homeless community?
It is important to remember that some homeless people seem to show no improvement for years; imagine the consequences of God putting each of us on a timer.
Get involved in your local homeless coordinating board. These boards pool resources, share best practices and avoid overlapping services. You may find there are people in your congregation eager to serve in an area like this.
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