A bid to secure the release of five elephants from a Colorado zoo has been dismissed after the Colorado Supreme Court ruled that elephants are not people and, therefore, not entitled to the liberty rights afforded to humans.
The Nonhuman Rights Project (NRP), an animal rights group, had argued that Missy, Kimba, Lucky, LouLou, and Jambo were essentially imprisoned at the Cheyenne Mountain Zoo.
They filed a habeas corpus claim to have the elephants moved to a sanctuary, citing their emotional complexity, intelligence, and alleged signs of trauma and chronic stress.
The court, however, upheld a previous district court ruling, stating that the state’s habeas corpus process “only applies to persons, and not to nonhuman animals.”
Justice Maria Berkenkotter, delivering the unanimous 6-0 decision, remarked that the claim could not proceed “because an elephant is not a person,” regardless of their cognitive or social sophistication.
While Justice Berkenkotter described the elderly African elephants as “majestic,” the court affirmed that legal protections under habeas corpus are strictly human rights.
Cheyenne Mountain Zoo, supported by the district court’s earlier ruling, defended its care of the animals and dismissed the lawsuit as “frivolous.”
In a statement following the Supreme Court decision, the zoo accused NRP of “abusing court systems to fundraise” and described the case as a waste of time and resources.
NRP expressed disappointment with the ruling, calling it an injustice. “Unless an individual is human, they have no right to liberty,” the group said, adding that setbacks are part of challenging entrenched systems.
This decision mirrors a similar case in New York, where a court rejected an attempt by NRP to free an elephant named Happy from the Bronx Zoo.
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