A lawsuit in the United States sought to recognize the legal personality of elephants so they could be released from a zoo, but the court refused the request.
The Colorado Supreme Court recently ruled against an effort by the Non-Human Rightsan animal rights organization, to secure the release of five elephants from a zoo.
The group argued that the elephants were suffering psychological and physical harm from their captivity and intended to transfer them to one of two elephant sanctuaries in the United States. However, the court concluded that, as non-human beings, elephants could not take legal action.
The court stated: “The legal question here comes down to whether an elephant is a person… and why an elephant is not a personthe elephants here do not have the legitimacy to present a request for you have a body“.
The Non-Human Rights Project had raised concerns that elephants were exhibiting signs of brain damage due to his prolonged captivity. The organization hoped to move the animals to environments more suited to their needs. However, the zoo countered that the elephants were content in their habitat current status and argued that a change would disrupt his well-being.
This case echoes a similar legal battle fought in New York in 2022, involving Happy, an elephant at the Bronx Zoo. The Non-Human Rights Project sought Happy’s release, advocating for his recognition as an individual with legal rights. This case also resulted in a defeat for the animal rights group, recalls .
While Colorado’s decision is in line with precedent, it highlights an ongoing debate about the legal status and welfare of animals in captivity. In 2022, a similar lawsuit in California led to bees being considered legally a type of fishto be covered in the state law that defines protected species.
