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Court Cases

New York Court of Appeals Agrees to Hear Landmark Elephant Rights Case

By Nonhuman Rights on May 4, 2021
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Today, the New York Court of Appeals—one of the most influential state courts in the United States—agreed to hear the habeas corpus case of our elephant client Happy, an autonomous and cognitively complex nonhuman animal who has been imprisoned at the Bronx Zoo for over four decades. This marks the first time in history that the highest court of any English-speaking jurisdiction will hear a habeas corpus case brought on behalf of someone other than a human being.

In 2018, the Nonhuman Rights Project brought a petition for a writ of habeas corpus on Happy’s behalf, seeking recognition of her fundamental right to bodily liberty and transfer to an elephant sanctuary. Happy became the first elephant in the world to be granted a hearing to determine the lawfulness of her imprisonment. Following several days of hearings, the trial court “regrettably” denied Happy’s petition because of prior court decisions, which will now be examined for the first time by the Court of Appeals.

Happy’s case has been supported from the start by leading scientists, philosophers, habeas corpus scholars, legal experts, theologians, and the wider public throughout the country and the world. Having begun the fight for nonhuman rights in New York eight years ago, we are thrilled the Court of Appeals has recognized the urgent public importance of Happy’s case and hope she will soon become the first elephant and nonhuman animal in the US to have her right to bodily liberty judicially recognized.

To learn more about Happy and her court case, click here. To join the over one million people who’ve signed her Change.org petition, click here. To make a donation to help ensure the legal fight for elephant rights is as strong as it can be, now and until all elephants can live freely, click here. 

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