A Crisis for Our Communities: A Snapshot of Recent Supreme Court Decisions and Developments

By Tan Hayat, Sakhi Development & Communications Manager

Recent developments and rulings across all levels of courts in the United States have significantly impacted survivors of gender-based violence across the United States, presenting new challenges and intensifying existing ones. These decisions, which touch on housing stability, reproductive rights, and transgender protections, affect everyone–but the unique barriers faced by the South Asian and Indo-Caribbean diaspora have the potential to make these impacts particularly severe.

Criminalizing Homelessness: A Step Backward

The Supreme Court’s recent decision in City of Grants Pass v. Johnson to uphold laws that criminalize homelessness is a severe blow to those without shelter. Domestic violence remains one of the leading causes of homelessness in the United States. For many South Asian and Indo-Caribbean survivors of domestic violence, escaping abusive homes often results in homelessness. Many survivors in the community face ostracization and are unable to access familial support networks, forcing them onto the streets. This is compounded by a lack of culturally sensitive shelters and support systems, pushing survivors in the community into even more precarious situations.

Criminalizing homelessness will undoubtedly lead to devastating and long lasting consequences for survivors fleeing dangerous situations. Survivors often find themselves with little to no resources or support, and finding immediate shelter is crucial. However, criminal records for vagrancy can make it even harder to secure housing and employment later, trapping them in a cycle of instability and abuse. This is not just a policy failure but a profound social injustice that will disproportionately affect marginalized communities.

In a recent op-ed, we highlighted the intersection between homelessness, survivorship, and the migrant crisis. Many migrants, including those from South Asian and Indo-Caribbean backgrounds, face severe housing instability upon arrival in the U.S. They often lack access to resources and support networks, making them more susceptible to homelessness and exploitation. Addressing this issue requires a comprehensive approach that provides both immediate shelter and long-term housing stability. 

At Sakhi, we are dedicated to addressing these critical issues through direct services and community initiatives. We provide immediate safe housing for survivors, along with transitional and long-term housing support. In 2023, Sakhi distributed over $1 million in rental assistance to ensure survivors have access to safe, independent housing.

 

Reproductive Rights Under Siege

The recent SCOTUS decision in Moyle v. United States to allow emergency abortions under EMTALA offers a temporary safeguard but underscores the ongoing threat to reproductive rights. For survivors within South Asian and Indo-Caribbean communities, the barriers to accessing healthcare are numerous and complex. Restrictive abortion laws can force survivors to carry pregnancies resulting from violence, compounding their trauma and making it even more difficult to regain control of their lives and futures.

The recent setback in Texas further exacerbates these challenges. The Texas Supreme Court, in Zurawski v. State of Texas, refused to clarify exceptions to the state’s abortion bans, leaving physicians uncertain about when they can legally perform abortions. This ruling has left many without access to necessary medical care, forcing them to carry pregnancies to term even when faced with severe complications. The ruling not only disregards the suffering of these members of our community but also fails to provide clear guidelines for doctors, putting both patients and healthcare providers at risk. 

The ripple effect of these restrictive laws is alarming. Beyond the immediate health implications, forcing a survivor to carry a pregnancy to term can have severe psychological impacts, exacerbate economic hardships, and trap them further in cycles of abuse. The fear of legal repercussions also deters many from seeking necessary medical care, leading to unreported and untreated health issues.

At Sakhi, we offer access to emergency contraception and abortion referrals, working with healthcare providers to ensure survivors receive timely and compassionate care. Our team provides counseling and support throughout the process and is committed to advocating and fighting for stronger protections around reproductive rights and bodily autonomy.

 

Trans Rights and Healthcare Access

The upcoming Supreme Court ruling on United States v. Skrmetti involves Tennessee’s law restricting access to puberty blockers and hormone therapy for transgender minors. For transgender survivors within South Asian and Indo-Caribbean communities, access to gender-affirming care is essential. These individuals often face intense rejection, making medical care a critical lifeline. Denying them necessary treatment exacerbates their distress and directly increases their risk of mental health issues and suicide.

At Sakhi, we fight for policies that protect access to gender-affirming care and provide direct support to transgender individuals in our community. Our programs include workshops and educational sessions to increase awareness and reduce stigma. Sakhi works with survivors of all backgrounds, regardless of gender identity, and we are committed to expanding our reach and resources tailored to the trans community.

These recent rulings and developments urgently underscore the need for comprehensive and compassionate policies that protect and liberate all individuals. It is our collective responsibility to advocate for these rights and provide the necessary support to help survivors navigate these challenging times. As always, we thank you for your continued support and solidarity with our survivor-led movement for gender justice.