The Colorado Supreme Court has ruled against the Nonhuman Rights Project’s petition for the release of five captive elephants held at the Cheyenne Mountain Zoo in Colorado Springs. The organization argued that the elephants should have habeas rights and be transferred to an animal sanctuary, but the court rejected this argument on the basis that Colorado’s habeas law only applies to “persons,” not animals. The court’s decision was supported by the fact that no court in the United States has ever recognized the legal personhood of nonhuman species.
The case, which highlighted the intelligence and complex needs of the elephants, went directly to the Supreme Court after being initially filed in El Paso County. Some justices expressed concerns during oral arguments about the potential implications of allowing animals to benefit from habeas relief. The Nonhuman Rights Project, however, maintained that they were not seeking rights for all animals, but specifically for the five elephants in question.
Supporters of the Nonhuman Rights Project, including experts from the United Kingdom, leaders in the LGBTQ rights movement, and a retired member of South Africa’s highest court, argued that the elephants deserved unique consideration due to their circumstances. Despite this, the court’s ruling stated that Colorado law does not recognize animals as “persons” and that it would be up to the General Assembly to make the necessary legal changes. The decision was seen as a missed opportunity to align the law with current understandings about animals and their rights. The zoo, on the other hand, criticized the Nonhuman Rights Project for bringing the lawsuit, expressing relief at the outcome of the case.
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