Posted on 06/14/2022 11:01:51 AM PDT by American Number 181269513
New York’s highest court has ruled that Happy the elephant is not a “person” as it tossed a lawsuit seeking to free the animal from the Bronx Zoo.
The 5-2 decision likely marks the end of the line for an animal rights group that since at least 2018 has been seeking to spring the 50-year-old Asian pachyderm through habeas corpus – a legal principal used for challenging wrongful imprisonment.
But the state Court of Appeals on Monday rejected that argument, finding habeas corpus “has no applicability to Happy, a nonhuman animal who is not a ‘person’ subjected to illegal detention.”
“While no one disputes that elephants are intelligent beings deserving of proper care and compassion, the courts below properly granted the motion to dismiss the petition,” reads the majority decision authored by Chief Judge Janet DiFiore.
Still, two of the seven-judge panel disagreed with DiFiore’s opinion, finding that Happy should have the right to petition for her freedom.
“We should recognize Happy’s right to petition for her liberty not just because she is a wild animal who is not meant to be caged and displayed, but because the rights we confer on others define who we are as a society,” Judge Rowan Wilson wrote.
Similarly, Judge Jenny Rivera wrote in her dissenting opinion: “The law has a mechanism to challenge this inherently harmful confinement, and Happy should not be denied the opportunity to pursue and obtain appropriate relief by writ of habeas corpus.”
The NonHuman Rights Project has argued that Happy – as an intelligent creature – should live free from captivity after over 40 years cooped up in the zoo and more than ten years living alone.
(Excerpt) Read more at nypost.com ...
“We should recognize Happy’s right to petition for her liberty not just because she is a wild animal who is not meant to be caged and displayed, but because the rights we confer on others define who we are as a society,” Judge Rowan Wilson wrote.
Similarly, Judge Jenny Rivera wrote in her dissenting opinion: “The law has a mechanism to challenge this inherently harmful confinement, and Happy should not be denied the opportunity to pursue and obtain appropriate relief by writ of habeas corpus.”
Just when I was about to identify as an elephant. But seriously, a 5-2 vote?
”We should recognize Happy’s right to petition for her liberty….” I’m sure Happy did not do an internet search for animal rights activists or lawyers. If she did use the internet I’m sure a 500 pound delivery of peanuts from Amazon would have arrived in Happy’s name.
It’s a fish.
The scary thing is that 2 “judges” actually bought this insanity.
Want to bet the “2” do not recognize the personhood of unborn humans?
If itself chooses to identify as a fish then them are a fish.
Let’s now go to court to decide Happy’s gender, out of 463 possible options.
Because calling an animal a human is who we are.
But meanwhile, according to a court on the West Coast, a bee can be a fish.
Will Happy the Elephant still be able to vote straight Democrat in the next election? The article doesn’t say.
If an elephant is a person then they should be prosecuted for breaking the laws of people. Wanna bet that IF released this elephant would break almost every law on the books?
What if Happy likes being protected from tuck poachers and lion hunt packs?
I hope that chicken I ate last night doesn’t file suit against me posthumously. Posthumously? Post chickously?
In CA, Happy could be whatever. Those NYers are so rigid!
BINGO!!! TWO ADULT JUDGES THOUGHT AN ELEPHANT WAS A PERSON!
ONLY PSTUPID ARE RADICAL DEMOCRATS!!
As for zoo elephants I can absolutely see the need to treat them with respect...perhaps by giving them companions (African elephants are very social...don't know about Asian ones) and giving them some space. Of course "space" might be difficult in the Bronx.
Happy should have played the gay card.
If an elephant is a person then it should have the right to marry. Further if it breaks the law it should be subject to the court system.
Happy will remember everything they did to free him.
elephants never forget.
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