New York’s top court on Tuesday rejected an effort to free Happy the elephant from the Bronx Zoo, ruling that she does not meet the definition of “person” who is being illegally confined.
The 5-2 decision by the state Court of Appeals affirms an earlier court decision and means Happy will not be released through a habeas corpus proceeding, which is a way for people to challenge illegal confinement.
The majority decision written by Chief Judge Janet DiFiore said that “while no one disputes that elephants are intelligent beings deserving of proper care and compassion,” a writ of habeas corpus is intended to protect the liberty of human beings and does not apply to a nonhuman animal like Happy.
The case had been closely watched by animal rights activists and industries that depend on animals. The zoo and its supporters warned that a win for advocates at the Nonhuman Rights Project could open the door to more legal actions on behalf of animals, including pets and other species in zoos.
The advocates at the Nonhuman Rights Project argued that Happy is an autonomous, cognitively complex elephant worthy of the right reserved in law for “a person.”
The Bronx Zoo argued Happy is neither illegally imprisoned nor a person, but a well-cared-for elephant “respected as the magnificent creature she is.”
(AP)
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7 Responses
Is this FOR REAL ???
Are we in the midst of a STUPIDITY PANDEMIC ?!?!?!?!?!
Wait, two judges on New York’s highest court dissented!?!
The decision was 5 – 2? Who are the 2 baboons on the court that voted against the majority? Do they have names? Or are they nameless … baboons?
I have news for you:- The people who lodged this case as well as the 2 dissenting [ so called judge] voters:- yes:- Also NOT persons
To 147: It creeps me out when you agree with me. Let me emphasize that I was trying to be funny. What I really wanted was the names of the judges who dissented. You, on the other hand, are serious when you deny a person’s humanity, as you have done in the past.
To 147: It creeps me out when you agree with me. Let me emphasize that I was trying (perhaps not successfully) to be funny. What I really wanted was the names of the judges who dissented. You, on the other hand, are serious when you deny a person’s humanity, as you have done in the past.
5-2
OH MY GOSH
Rabboisai, the great Rebbetzin Queen Dina Neuman of Ami warned us of this in the aim of I think last Pesach (a year ago). Ayein her not-so-fictional story there about Matzoh and plant-growing being outlawed. It wa the most thought-provoking fictional kids’ tale that I have ever read.