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Colorado Supreme Court Rules Elephants Cannot Seek Release from Zoo

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Colorado Supreme Court Rules Elephants Cannot Seek Release from Zoo

Credited from: APNEWS

In a landmark ruling, the Colorado Supreme Court decided that five African elephants at the Cheyenne Mountain Zoo must remain in captivity, as they do not possess the legal status of "persons". This decision aligns with a previous ruling made in New York regarding another elephant named Happy, reinforcing the notion that nonhuman animals lack the standing to file habeas corpus claims aimed at challenging their detention.

The court, in a unanimous 6-0 vote, stated that the animals—Missy, Kimba, Lucky, LouLou, and Jambo—do not have the right to sue for their release, emphasizing that "the legal question here boils down to whether an elephant is a person". Justice Maria Berkenkotter articulated that, despite the elephants being described as "majestic," the hurdles in legal standing remained insurmountable. The court highlighted that "Colorado's habeas statute applies only to persons, and not to nonhuman animals, no matter how cognitively, psychologically, or socially sophisticated they may be," as noted CBS News.

The animal rights organization Nonhuman Rights Project (NRP), which filed the case, argued that the elephants had been effectively imprisoned, showing signs of distress and trauma due to their confinement in the zoo. The group aimed to secure their transfer to a sanctuary, citing research that underscores the elephants' cognitive capabilities and the detrimental effects of captivity. However, the zoo contended that its care for the elephants meets their needs, rebutting claims of inadequacies in their living conditions.

Following the ruling, the NRP condemned the decision as perpetuating a clear injustice, maintaining that "unless an individual is human, they have no right to liberty." The organization remains committed to advocating for the rights of nonhuman animals and is considering potential next steps in its legal battle reported by Reuters.

This landmark decision not only reflects the ongoing debates and challenges facing animal rights advocacy but also sets a precedent regarding the legal recognition of nonhuman animals in the United States.

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