Jambo, Kimba, LouLou, Lucky, and Missy live at a Colorado zoo. But some people say they believe the elephants should enjoy freedom, a basic human right. The state’s supreme court disagrees. It denied a lawsuit filed on the animals’ behalf. The reason? An animal doesn’t have human rights.
Five elderly African elephants live at the Cheyenne Mountain Zoo in Colorado Springs. An animal rights non-profit group, Nonhuman Rights Project (NRP), filed two lawsuits on the elephants’ behalf. NRP wanted the elephants set free. Sort of.
The basis for the suits was a legal doctrine known as habeas corpus. The term is Latin for “you should have the body.” At its core, a writ (command) of habeas corpus is meant to prevent unlawful imprisonment. It requires that anyone holding a prisoner bring the detainee before a court. The prisoner may then challenge the reason for imprisonment.
In the Colorado zoo case, representatives from NRP wanted the court to allow the elephants their habeas corpus “day in court.”
To challenge the elephants’ captivity, the group cited animal biologists. Seven scientists reported that elephants are highly social and share many rational powers with humans. These include empathy and self-awareness. The experts added that zoo confinement can cause boredom and stress. Those conditions could lead to brain damage in pachyderms. They stated that elephants should live in sanctuaries, not zoos.
However, the Colorado Supreme Court ruled against NRP. The court said the state’s habeas statute applies to persons, not animals—“no matter how cognitively, psychologically, or socially sophisticated” they might be.
The case “does not turn on our regard for these majestic animals,” wrote Justice Maria Berkenkotter. She added, “Because an elephant is not a person, the elephants here do not have standing to bring a habeas corpus claim.”
The court also noted that one of NRP’s statements during trial seemed to counter its own claims. NRP lawyers said the group sought only different confinement, not freedom, for the elephants. Justices pointed out that the need for any type of confinement—like a sanctuary—was yet another reason to treat animals and humans differently.
NRP says the decision dooms the five elephants to “a lifetime of mental and physical suffering.”
Zoo officials welcomed the outcome. But they expressed dismay at 19 wasted months defending against a “frivolous” case. This wasn’t the first time NRP has filed lawsuits against reputable zoos.
In the end, the court held this truth self-evident: Elephants aren’t humans.
Case closed.
Why? God made humans in His own image. (Genesis 1:27) That endows them with dignity and purpose that is unique in all creation.
