The Colorado Supreme Court has dismissed a lawsuit filed by the animal rights group Nonhuman Rights Project (NhRP), which sought the release of five elephants from captivity at a zoo. The organization argued that legal protections typically granted to humans, such as habeas corpus, should also apply to animals. However, the court ruled that elephants do not qualify as humans under the law.
NhRP argued that the elephants at Cheyenne Mountain Zoo displayed abnormal behaviors indicative of trauma, brain damage, and chronic stress. The group contended that the animals should be relocated from their current confined and inadequate zoo environment to a larger and more suitable sanctuary. Legally, NhRP petitioned for a writ of habeas corpus on behalf of the elephants, arguing that their confinement was unlawful.
In the initial trial, the lower court acknowledged that courts in other countries have recognized certain rights for animals and that zoo captivity may negatively impact elephant health. However, the judge noted that habeas corpus laws are centered on human rights and that no previous ruling has recognized legal personhood for animals. The case was then escalated to the Colorado Supreme Court.
Justice Maria E. Berkenkotter, in delivering the ruling, stated that under Colorado law, the term "person" includes individuals, corporations, and government entities—but not animals. She emphasized that extending legal personhood to animals would constitute a significant change in the law and dismissed NhRP’s lawsuit.
In her opinion, Justice Berkenkotter wrote, "Elephants are indeed majestic and highly intelligent creatures. However, the matter before this court is not about our admiration for elephants but rather the legal question of whether they can be classified as human. Since elephants are not human, they do not have the right to file for habeas corpus."
Viewer Comments:
Exactly.
What a waste of the Supreme Court’s time.
Nothing but pure common sense.
Source:
No. 24SA21, Nonhuman Rights Project v. Cheyenne Mountain Zoo-Habeas Corpus-Standing
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
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