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Colorado Supreme Court Rules Elephants Cannot Sue for Release from Zoo

share-iconPublished: Thursday, January 23 share-iconUpdated: Thursday, January 23 comment-icon2 months ago
Colorado Supreme Court Rules Elephants Cannot Sue for Release from Zoo

Credited from: BBC

In a landmark ruling, the Colorado Supreme Court declared that five elephants residing at the Cheyenne Mountain Zoo cannot pursue legal action to secure their release, as they are not recognized as persons under the law. The court's January 2025 decision concluded unanimously with a 6-0 vote that Missy, Kimba, Lucky, LouLou, and Jambo, although deemed "majestic," do not have the legal standing to challenge their confinement through a habeas corpus claim.

The case stemmed from a petition lodged by the Nonhuman Rights Project, an animal rights organization advocating for the legal rights of animals. They argued that the elephants were effectively incarcerated and deserved relocation to a sanctuary where they could thrive. Their plea leaned on the notion of habeas corpus, a legal mechanism traditionally reserved for human prisoners asserting their right to challenge unlawful detention. However, the court emphasized that such rights only extend to "persons," stating that elephants are not included in this definition, regardless of their cognitive capabilities.Source.

In its ruling, the court reiterated that the state’s habeas corpus laws do not apply to nonhuman animals and expressed concerns inherent in granting such status to animals, given that it could imply profound changes in legal interpretations. Justice Maria Berkenkotter highlighted that the court’s duty does not extend to determining the species' rights but rather observes the existing statutes, which are the province of legislators, not judges. The court stated, "Because an elephant is not a person, the elephants here do not have standing to bring a habeas corpus claim," reinforcing this position with previous case law, including a similar 2022 decision regarding an elephant named Happy in New York.

The Nonhuman Rights Project lamented the decision, alleging it "perpetuates a clear injustice" and arguing that the recognition of animals as deserving of liberty will eventually prevail in the courts. Following the ruling, Reuters reports that the organization aims to continue advocating for rights that acknowledge the complex emotional and social needs of elephants.

Cheyenne Mountain Zoo, in response to the lawsuit, labeled the case as frivolous and reiterated its commitment to providing exceptional care for these animals, as they have been housed in the facility for decades. The zoo emphasized the significant implications of the court's ruling, stating that the elephants will remain in their current home, receiving the care that they require.

In summary, the ruling marks a significant moment in the ongoing dialogue concerning animal rights and the legal status of nonhuman species, igniting discussions that are expected to persist in legal and public spheres as advocates strive to promote better protections for animals.

For further details, visit The Hill.


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