Curious case brings judge to court: Can an elephant sue for its release?
USA - In an unusual case, the Colorado Supreme Court is currently debating the question of whether elephants can have the same rights as humans.
The background to this is a lawsuit filed by the animal welfare organization "NonHuman Rights Project", which wants five elephants from the Cheyenne Mountain Zoo to be recognized as persons.
The elephants "Missy", "Kimba", "Lucky", "LouLou" and "Jambo" originally come from the wild in Africa and, according to the organization, show signs of behavioural disorders that they would not have in the wild.
The elephants are to be relocated to one of the two recognized elephant sanctuaries in the USA, as they live in the zoo as if they were in a prison.
Judge Maria Berkenkotter pondered whether such a request should not rather be enforced via political channels, such as a change in the law or a vote.
"Where does it end then?" asked Judge Melissa Hart at the hearing on Thursday. She fears that at some point pets, such as dogs and cats, will also be able to sue for their freedom.
The animal rights activists have already failed before
A similar lawsuit in 2022 was unsuccessful as the Supreme Court of New York ruled that the elephant "Happy" at the Bronx Zoo could not be considered a person.
The judges feared that granting such rights could have "an enormously destabilizing impact on modern society".
Cheyenne Mountain Zoo argued that moving the elephants, which have lived in small groups for years, would cause too much stress.
The animals are not familiar with larger herds, nor do they have the skills or need to fit into one. The decision will be made in the coming weeks or months.