Court Denies Elephants' Personhood in Landmark Ruling

Sun Feb 02 2025 20:06:13 GMT+0200 (Eastern European Standard Time)
Court Denies Elephants' Personhood in Landmark Ruling

Colorado Supreme Court upholds zoo's right to keep elephants, dismissing animal rights group's claims.


In a significant ruling, the Colorado Supreme Court has decided that elephants do not possess personhood status, leading to a rejection of a petition to relocate five elephants from Cheyenne Mountain Zoo to a sanctuary.

The Colorado Supreme Court recently ruled that elephants are not considered "persons" under the law, thereby denying a petition from the Nonhuman Rights Project (NRP) aimed at freeing five elephants from their home at Cheyenne Mountain Zoo. The NRP had argued that Missy, Kimba, Lucky, LouLou, and Jambo, all African elephants, were effectively imprisoned and deserved the same legal protections as humans. The case was founded on a habeas corpus claim, which traditionally allows people to challenge unlawful detention.

In a unanimous 6-0 decision, the Colorado Supreme Court sided with a lower court's judgment, stating that the right to habeas corpus applies exclusively to “persons” and does not extend to nonhuman animals, regardless of their emotional and cognitive complexities. Justice Maria Berkenkotter emphasized that even though the elephants are regarded as magnificent creatures, they do not qualify for personhood status under existing legal frameworks.

The Nonhuman Rights Project, which filed the petition in 2023, highlighted the elephants' emotional intelligence and claimed that they exhibited signs of trauma and chronic stress. They sought to transition the animals to a more suitable sanctuary environment. In response, Cheyenne Mountain Zoo defended its care of the elephants, labeling the lawsuit as “frivolous” and accusing the NRP of misusing the legal system for fundraising purposes.

Following the court's ruling, the NRP expressed disappointment, critiquing the judgment as upholding an injustice and vowing to continue advocating for the rights of nonhuman animals. This decision mirrors a previous ruling for an African elephant named Happy in New York, reinforcing the established legal perception that nonhuman animals lack legal personhood in the United States.

As the debate over animal rights continues, this case has amplified discussions on the ethical treatment of animals and the need for legal reform to address their welfare in human-dominated settings.

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