Divided Supreme Court rules in major homelessness case that outdoor sleeping bans are OK

WASHINGTON (AP) — 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 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 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.

In California, which is home to one-third of the country’s homeless population, Democratic Gov. Gavin Newsom said the decision gives state and local officials the authority to clear “unsafe encampments” from the streets while acting with compassion. “This decision removes the legal ambiguities that have tied the hands of local officials for years," he said.

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.

“Sleep is a biological necessity, not a crime,” said Justice Sonia Sotomayor, reading from the bench a dissent joined by her liberal colleagues. “Homelessness is a reality for so many Americans.”

Punishing people for something they can't control, like homelessness, is cruel and unusual, she said. She warned that striking down Eighth Amendment arguments against camping bans likely won't end the fights over the ordinances in court.

Los Angeles Mayor Karen Bass, a Democrat, criticized the majority ruling, saying cities shouldn't “attempt to arrest their way out of this problem or hide the homelessness crisis in neighboring cities or in jail." The only way to truly address it, she said, is to connect people with housing and services.

The case came from the rural Oregon town of Grants Pass, which appealed a ruling striking down local ordinances that fined people $295 for sleeping outside after tents began crowding public parks. The 9th Circuit Court of Appeals, which has jurisdiction over the nine Western states, has held since 2018 that such bans violate the Eighth Amendment in areas where there aren’t enough shelter beds.

Grants Pass Mayor Sara Bristol told The Associated Press that the city will not immediately start enforcing those local ordinances fining people for sleeping outside and that the city council will need to review the decision and determine the next steps.

“This lawsuit was about whether cities have a right to enforce camping restrictions in public spaces, and I’m relieved that Grants Pass will be able to reclaim our city parks for recreation,” said Bristol, who serves in a nonpartisan position. “Homelessness is a complex issue, and our community has been trying to find solutions.”

Attorney Theane Evangelis, who represented Grants Pass before the high court, applauded the ruling, saying the 9th Circuit decision had “tied the hands of local governments.”

“Years from now, I hope that we will look back on today’s watershed ruling as the turning point in America’s homelessness crisis,” she said.

In Portland, meanwhile, a spokesperson for the mayor’s office said the effect of the ruling would likely be muted since the state has separate legal limits on how cities can manage encampments. Seattle officials also expected a limited impact.

An attorney for homeless people who live in Grants Pass bemoaned the decision.

“We are disappointed that a majority of the court has decided that our Constitution allows a city to punish its homeless residents simply for sleeping outside with a blanket to survive the cold when there is nowhere else for them to go,” said Ed Johnson, director of litigation at the Oregon Law Center.

Friday's ruling comes after homelessness in the United States grew a dramatic 12% last year to its highest reported level, as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more people.

More than 650,000 people are estimated to be homeless, the most since the country began using a yearly point-in-time survey in 2007. A lack of access to mental health and addiction resources can contribute to the crisis. Older adults, LGBTQ+ people and people of color are disproportionately affected by homelessness, advocates said.

Nearly half of people without housing sleep outside, federal data shows.

Derrick Belgarde, executive director of the nonprofit Chief Seattle Club, said some people may simply choose to sleep outside. Before his organization was started, members of the local Native American community weren’t using shelters because they didn’t feel safe in them or felt as though they belonged.

“I think it’s going to cause a lot of pain, a lot of misery to deny people the right to safety, to feel safe, to feel a sense of belonging. It’s going to be devastating for a lot of people,” said Belgarde, a member of the Confederated Tribes of Siletz Indians.

The 9th Circuit decision had governed nine states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.

Associated Press writers Rebecca Santana in Washington, D.C., John Antczak in Los Angeles, Hallie Golden in Seattle and Adam Beam in Sacramento, Calif., contributed to this story.

Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.

A person leaves a KFC restaurant as an unhoused person sleeps at the busy intersection of Oregon Coast Highway and 5th Street on June 19, 2024, in Brookings, Ore. The Supreme Court on Friday, June 28, allowed cities to enforce bans on homeless people sleeping outside in public places, ruling along ideological lines that such laws don't amount to cruel and unusual punishment, even in West Coast areas where shelter space is lacking. (AP Photo/Jenny Kane)

FILE - Frank, a homeless man, sits in his tent with a river view, June 5, 2021, in Portland, Ore. The Supreme Court ruled on Friday, June 28, 2024, that cities can enforce bans on homeless people sleeping outdoors in West Coast areas where shelter space is lacking. (AP Photo/Paula Bronstein, File)

FILE - In this photo illuminated by an off-camera flash, a man walks past a small homeless encampment near Chinatown in Los Angeles, Feb. 13, 2023. The Supreme Court ruled on Friday, June 28, 2024, that cities can enforce bans on homeless people sleeping outdoors in West Coast areas where shelter space is lacking. (AP Photo/Jae C. Hong, File)

FILE - Cassy Leach, a nurse who leads a group of volunteers who provide food, medical care and other basic goods to the hundreds of homeless people living in the parks, walks to help homeless people camping in Fruitdale Park move their tents, March 23, 2024, in Grants Pass, Ore. On Friday, June 28, the Supreme Court ruled that cities can enforce bans on homeless people sleeping outdoors in West Coast areas where shelter space is lacking. (AP Photo/Jenny Kane, File)

FILE - With an American flag flying in the background and tents in the distance, amputee Donnie Snow, who is homeless, uses his bike to carry his dog Bubba up a hill in the rain at Riverside Park, March 23, 2024, in Grants Pass, Ore. On Friday, June 28, the Supreme Court ruled that cities can enforce bans on homeless people sleeping outdoors in West Coast areas where shelter space is lacking. (AP Photo/Jenny Kane, File)

FILE - Brock Spurgeon, second from left, puts away signs after demonstrating outside City Hall, March 20, 2024, in Grants Pass, Ore. Spurgeon is a member of a self-proclaimed "park watch" group. Spurgeon said the group isn't against homeless people, but rather public drug use: One of his sons is living in the parks as he struggles with addiction, and his brother died while homeless in a nearby city. On Friday, June 28, the Supreme Court ruled that cities can enforce bans on homeless people sleeping outdoors in West Coast areas where shelter space is lacking. (AP Photo/Jenny Kane, File)

FILE - A homeless child plays in the park after receiving free food with her mother and sister, in Riverside Park, March 21, 2024, in Grants Pass, Ore. On Friday, June 28, the Supreme Court ruled that cities can enforce bans on homeless people sleeping outdoors in West Coast areas where shelter space is lacking. (AP Photo/Jenny Kane, File)

FILE - Cassy Leach, a nurse who leads a group of volunteers who provide food, medical care and other basic goods to the hundreds of homeless people living in the parks, talks to Kimberly Marie, who is homeless and camping in Fruitdale Park on March 21, 2024, in Grants Pass, Ore. On Friday, June 28, the Supreme Court ruled that cities can enforce bans on homeless people sleeping outdoors in West Coast areas where shelter space is lacking. (AP Photo/Jenny Kane, File)

The U.S Supreme Court is seen, Thursday, June 20, 2024, in Washington. (AP Photo/Mariam Zuhaib)

Supreme Court allows cities to enforce bans on homeless people sleeping outside

Supreme Court allows cities to enforce bans on homeless people sleeping outside

FILE - The Supreme Court is seen under stormy skies in Washington, June 20, 2019. In the coming days, the Supreme Court will confront a perfect storm mostly of its own making, a trio of decisions stemming directly from the Jan. 6, 2021 attack on the U.S. Capitol. (AP Photo/J. Scott Applewhite, File)

SOFIA, Bulgaria (AP) — Bulgaria’s Orthodox Church on Sunday elected Daniil, a 52-year-old metropolitan considered to be pro-Russian, as its new leader in a vote that reflected the divisions in the church and wider society since Russia invaded Ukraine more than two years ago.

Growing divisions between pro-Russian and anti-Russian factions within the senior clergy began after some of them attempted to warm relations with the Orthodox Church of Ukraine, which was recognized by the Ecumenical Patriarch in Constantinople in 2019. Russian and most other Orthodox patriarchs refused to accept the designation that formalized a split with the Russian church.

Unlike his late predecessor, who in his last prayers criticized Russia’s aggression in Ukraine, Daniil has taken the side of the Moscow Patriarchy in its dispute with the Ecumenical Patriarch over the independence of Ukraine’s Orthodox Church.

Daniil also criticized the expulsion last fall of a Russian and two Belarusian clerics accused of spying for Moscow, and in his prayers he blamed people who called Russia an “aggressor."

The 52-year-old bishop, born Atanas Nikolov, studied theology in Sofia and eventually went to serve as a monk in a monastery. He belongs to the first generation of young Bulgarians who joined the church after the fall of communism.

The bells of the golden-domed Alexander Nevski cathedral in downtown Sofia announced the election of a new patriarch by the 138 delegates at the church council. Shortly after, council speaker Cyprian said that “Vidin metropolitan Daniil was elected by the clergy and the people as Holy Bulgarian Patriarch and Sofia metropolitan.”

Daniil was clad in the green-and-gold patriarchal attire and put upon his head the white veil, symbol of his office.

In a tight second-round ballot, Daniil won support of 69 delegates against Grigory, the metropolitan of Vratsa, who was backed by 66 delegates. The patriarch is elected for life unless he steps down.

Daniil succeeded the soft-speaking and charismatic Patriarch Neophyte, who passed away in March aged 78 after leading the church for 11 years.

A church procession accompanied the newly elected patriarch to the cathedral, where he was enthroned in a sumptuous ceremony, attended by other Orthodox church representatives as well as Istanbul-based Ecumenical Patriarch Bartholomew I, the spiritual leader of the world’s Orthodox Christians.

Bartholomew is considered first among equals among Eastern Orthodox patriarchs, which gives him prominence but not the power of a Catholic pope. Large portions of the Eastern Orthodox world are self-governing under their own patriarchs.

Though the church in Bulgaria is fully separate from the state, its constitution names Eastern Orthodoxy as the “traditional religion,” followed by some 85% of its 6.5 million people.

Associated Press religion coverage receives support through the AP’s collaboration with The Conversation US, with funding from Lilly Endowment Inc. The AP is solely responsible for this content.

Newly elected Bulgarian Patriarch Daniil seen during his enthronement ceremony at Alexander Nevsky Cathedral in Sofia, Bulgaria, Sunday, June 30, 2024. Bulgaria's Orthodox Church on Sunday elected Daniil, a 52-year-old metropolitan considered to be pro-Russian, as its new leader in a disputed vote that reflects the divisions in the church and in the society. (AP Photo/Valentina Petrova)

Bulgarian Patriarch Daniil looks at the Bulgarian honor guards marching to mark his enthronement ceremony in front of Alexander Nevsky Cathedral in Sofia, Bulgaria, Sunday, June 30, 2024. Bulgaria's Orthodox Church on Sunday elected Daniil, a 52-year-old metropolitan considered to be pro-Russian, as its new leader in a disputed vote that reflects the divisions in the church and in the society. (AP Photo/Valentina Petrova)

People greet the newly elected Bulgarian Patriarch Daniil after his enthronement ceremony at Alexander Nevsky Cathedral in Sofia, Bulgaria, Sunday, June 30, 2024. Bulgaria's Orthodox Church on Sunday elected Daniil, a 52-year-old metropolitan considered to be pro-Russian, as its new leader in a disputed vote that reflects the divisions in the church and in the society. (AP Photo/Valentina Petrova)

Istanbul-based Ecumenical Patriarch Bartholomew I, center, the spiritual leader of the world's Orthodox Christians, poses next to the newly elected Bulgarian Patriarch Daniil during a family photo after his enthronement ceremony at Alexander Nevsky Cathedral in Sofia, Bulgaria, Sunday, June 30, 2024. Bulgaria's Orthodox Church on Sunday elected Daniil, a 52-year-old metropolitan considered to be pro-Russian, as its new leader in a disputed vote that reflects the divisions in the church and in the society. (AP Photo/Valentina Petrova)

Newly elected Bulgarian Patriarch Daniil seen during his enthronement ceremony at Alexander Nevsky Cathedral in Sofia, Bulgaria, Sunday, June 30, 2024. Bulgaria's Orthodox Church on Sunday elected Daniil, a 52-year-old metropolitan considered to be pro-Russian, as its new leader in a disputed vote that reflects the divisions in the church and in the society. (AP Photo/Valentina Petrova)

General view of the enthronement ceremony of the newly elected Bulgarian Patriarch Daniil at Alexander Nevsky Cathedral in Sofia, Bulgaria, Sunday, June 30, 2024. Bulgaria's Orthodox Church on Sunday elected Daniil, a 52-year-old metropolitan considered to be pro-Russian, as its new leader in a disputed vote that reflects the divisions in the church and in the society. (AP Photo/Valentina Petrova)

The newly elected Bulgarian Patriarch Daniil holds a cross after his enthronement ceremony at Alexander Nevsky Cathedral in Sofia, Bulgaria, Sunday, June 30, 2024. Bulgaria's Orthodox Church on Sunday elected Daniil, a 52-year-old metropolitan considered to be pro-Russian, as its new leader in a disputed vote that reflects the divisions in the church and in the society. (AP Photo/Valentina Petrova)

Istanbul-based Ecumenical Patriarch Bartholomew I, the spiritual leader of the world's Orthodox Christians, greets the newly elected Bulgarian Patriarch Daniil after his enthronement ceremony at Alexander Nevsky Cathedral in Sofia, Bulgaria, Sunday, June 30, 2024. Bulgaria's Orthodox Church on Sunday elected Daniil, a 52-year-old metropolitan considered to be pro-Russian, as its new leader in a disputed vote that reflects the divisions in the church and in the society. (AP Photo/Valentina Petrova)

A woman holds an icon as she attends the enthronement ceremony of the new Bulgarian Patriarch Daniil at Alexander Nevsky Cathedral in Sofia, Bulgaria, Sunday, June 30, 2024. Bulgaria's Orthodox Church on Sunday elected Daniil, a 52-year-old metropolitan considered to be pro-Russian, as its new leader in a disputed vote that reflects the divisions in the church and in the society. (AP Photo/Valentina Petrova)

Newly elected Bulgarian Patriarch Daniil blesses the people during his enthronement ceremony at Alexander Nevsky Cathedral in Sofia, Bulgaria, Sunday, June 30, 2024. Bulgaria's Orthodox Church on Sunday elected Daniil, a 52-year-old metropolitan considered to be pro-Russian, as its new leader in a disputed vote that reflects the divisions in the church and in the society. (AP Photo/Valentina Petrova)