Historic Appeal Challenges the Legality of Mari and Vaigai’s Continued Confinement at the Honolulu Zoo
August 4, 2026, Honolulu — The Hawaiʻi Supreme Court has scheduled oral argument for November 9, 2026, in the Nonhuman Rights Project’s (NhRP) landmark case on behalf of Mari and Vaigai, two wild-born Asian elephants who have spent decades confined at the Honolulu Zoo. The hearing marks the next major milestone in the litigation, as Hawaiʻi’s highest court prepares to consider the merits of whether the elephants may invoke the state’s common law writ of habeas corpus to challenge the legality of their confinement.
The oral argument follows the Hawaiʻi Supreme Court’s decision to grant the NhRP’s application for a writ of certiorari, making this the third case in which a state supreme court will consider a petition for a writ of habeas corpus on behalf of an animal—all three of which were brought by the Nonhuman Rights Project. On November 9, the Court will hear arguments concerning whether Mari and Vaigai may invoke the common law writ of habeas corpus to challenge the legality of their confinement.
Mari has been confined at the Honolulu Zoo since 1982 after being captured in the wild. Vaigai was similarly captured from the wild and has been confined there since 1992. Elephants are autonomous beings with extraordinarily complex cognitive, emotional, and social lives, which, the NhRP argues, gives them a profound interest in their bodily liberty that warrants protection under Hawaiʻi’s common law. Scientific evidence submitted in the case demonstrates that elephants form lifelong social bonds, grieve the loss of loved ones, solve complex problems, and possess the autonomy necessary to direct their own lives.
The NhRP seeks recognition of Mari and Vaigai’s right to liberty through the common law writ of habeas corpus—a legal remedy that has historically served as one of the judiciary’s most important safeguards against unlawful confinement. The organization argues that the common law has long evolved to recognize new rights where justice requires and that Hawaiʻi’s courts have both the authority and responsibility to continue that tradition.
“The common law has never been static and it evolves as courts confront new questions of justice,” said Jake Davis, Senior Staff Attorney at the Nonhuman Rights Project and lead counsel in the case. “Hawaiʻi has the opportunity to recognize that Mari and Vaigai’s profound interest in liberty deserves legal protection, and we look forward to presenting that case before the state’s highest court.”
The oral argument will be held at 10:00 a.m. HST on Monday, November 9, 2026, at Punahou School as part of the Hawaiʻi Judiciary’s Courts in the Community program. The proceeding will be open to the public and livestreamed by the Hawaiʻi State Judiciary. By bringing a live Supreme Court case into a school setting, the program provides students with a rare opportunity to observe the judicial process firsthand before participating in an educational discussion with the attorneys and members of the Court following the argument.
About Mari and Vaigai
Mari and Vaigai are wild-born Asian elephants currently confined at the Honolulu Zoo. Scientific evidence submitted in the case demonstrates that elephants possess advanced cognitive abilities, form lifelong social bonds, experience complex emotions, grieve losses, solve problems, and have a profound interest in directing their own lives.