Colorado Supreme Court Declares Elephants Are Not Legal Persons in Care Case

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In a recent ruling, the Colorado Supreme Court has determined that elephants are not to be considered legal persons entitled to the same liberty rights as humans. This decision stems from a case brought by the Nonhuman Rights Project, which sought to relocate five elephants—Missy, Kimba, Lucky, LouLou, and Jambo—from Cheyenne Mountain Zoo to an elephant sanctuary.

The group argued that the elephants displayed signs of trauma and chronic stress, claiming they were effectively imprisoned at the zoo. They attempted to use a habeas corpus petition to advocate for the elephants' freedom, a legal process typically reserved for human detention cases.

The court ruled unanimously, stating that the habeas corpus process applies only to persons, not nonhuman animals, regardless of their cognitive or emotional sophistication. Justice Maria Berkenkotter acknowledged the elephants' majestic nature in her ruling but maintained that the law does not recognize them as persons.

Cheyenne Mountain Zoo defended its treatment of the elephants, asserting they receive excellent care and describing the lawsuit as "frivolous." Following the ruling, the Nonhuman Rights Project expressed disappointment, indicating that they will continue to challenge the legal status quo regarding the rights of nonhuman animals.

Similar efforts to grant legal personhood to animals have faced obstacles in the past, including a previous case involving an elephant named Happy at New York's Bronx Zoo.

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