Happy the elephant not a person, NY court rules
ALBANY, N.Y. — Happy the elephant may be intelligent and deserving of compassion, but she cannot be considered a person being illegally confined to the Bronx Zoo, New York’s top court ruled Tuesday.
The 5-2 decision by the state Court of Appeals comes in a closely watched case that tested the boundaries of applying human rights to animals.
The zoo and its supporters warned that a win for advocates at the Nonhuman Rights Project could open the door to more legal actions on behalf of animals.
The court’s majority echoed that point.
The decision, written by Chief Judge Janet DiFiore, said that “while no one disputes that elephants are intelligent beings deserving of proper care and compassion,” a writ of habeas corpus is intended to protect the liberty of human beings and does not apply to a nonhuman animal like Happy.
The decision affirms a lower court decision and means Happy will not be released through a habeas corpus proceeding, which is a way for people to challenge illegal confinement. Granting that right to Happy to challenge her confinement “would have an enormous destabilizing impact on modern society,” read the majority decision.
“Indeed, followed to its logical conclusion, such a determination would call into question the very premises underlying pet ownership, the use of service animals, and the enlistment of animals in other forms of work,” read the decision.
Two judges, Rowan Wilson and Jenny Rivera, wrote separate, sharply worded dissents saying the fact that Happy is an animal does not prevent her from having legal rights.
The ruling from New York’s highest court cannot be appealed.