Elephants are not considered human, court rules
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The Colorado Supreme Court has rejected a lawsuit filed by animal rights groups seeking the release of five elephants kept at a zoo. The group argued that the rules of habeas corpus that apply to humans should also apply to animals, but the court ruled that 'elephants are not people.'
No. 24SA21, Nonhuman Rights Project v. Cheyenne Mountain Zoo-Habeas Corpus-Standing
(PDF file)https://www.coloradojudicial.gov/system/files/opinions-2025-01/24SA21.pdf
Colo. justices reject 'personhood' for captive elephants | News | denvergazette.com
https://denvergazette.com/news/colorado-supreme-court-rejects-personhood-for-captive-colorado-springs-elephants/article_ecd00014-d819-11ef-8479-5f42d8b25f03.html
Elephants Are Not People, Colorado Supreme Court Rules - Newsweek
https://www.newsweek.com/elephants-not-people-colorado-supreme-court-cheyenne-mountain-zoo-2018894
The ruling came in a lawsuit brought by the animal rights group Nonhuman Rights Project (NhRP) over five elephants kept at the Cheyenne Mountain Zoo in Colorado.
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The NhRP pointed out that the elephants at Cheyenne Mountain Zoo were exhibiting abnormal behaviors that indicate trauma, brain damage, and chronic stress, and argued that the elephants should be kept in a larger sanctuary rather than in the current small, poor environment of the zoo. Legally, the NhRP filed a writ of habeas corpus, which restores the state of being unjustly deprived of personal freedom, on behalf of the elephants.
The district court judge before which the case first arose acknowledged that courts in other countries have ruled that animals have certain rights, and that keeping elephants in zoos could be harmful to their health, but opined that the rules on habeas corpus are centered on human rights and that no other court decisions have recognized the personhood of other animals, and left the matter to the Supreme Court to decide.
Colorado Supreme Court Justice Maria E. Berkenkotter, who took over the case, noted that 'Colorado law defines 'person' to include individuals, corporations, and governmental entities, but does not include animals. Extending personhood rights to animals would be a significant change in the law,' she added, dismissing the NhRP's lawsuit.
'While elephants are certainly majestic and intelligent creatures, the issue before this Court is not one of our respect for them, but solely of whether elephants are people, and because elephants are not people, they are not entitled to habeas corpus,' Judge Berkenkotter wrote in his opinion.
In this case, six Supreme Court justices, including Justice Berkenkotter, unanimously decided to dismiss the case.
Lawyers and judges for the NhRP argued that 'habeas corpus is used to free people whose human rights have been restricted, such as enslaved people and women who were under the control of their husbands. If humans who do not have full rights under the law can seek a writ to deny unjust freedoms, then surely other autonomous beings, regardless of race, can do so too.' In response to the ruling, legal experts supporting the NhRP issued a statement saying, 'The court has missed an important opportunity to promote core values of our judicial system, such as fairness and dignity, and to deepen compassion for other living beings.'
NhRP has filed similar lawsuits in the past in states such as Connecticut and New York, but all have been dismissed. In New York, a habeas corpus lawsuit was filed against Happy , an elephant that was once a hot topic for being able to recognize itself through mirrors, but was dismissed by the Supreme Court.
Cheyenne Mountain Zoo said, 'As we hoped, the Supreme Court unanimously ruled in our favor. We are pleased with the outcome, but disappointed that it occurred. Over the past 19 months, we have been bombarded with false accusations by the NhRP, wasting valuable time and money in the courts and in public opinion. The NhRP's objective is to abuse the court system to raise funds, relentlessly publicize sensational cases while garnering support, and manipulate people into donating to them.'
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