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Judge Issues Pennsylvania’s First Habeas Corpus Order for Nonhuman Animals

Historic ruling advances Nonhuman Rights Project case for elephants held captive at the Pittsburgh Zoo

By Kelly Holt

PITTSBURGH, PA —January 13, 2026 — Judge Mary C. McGinley of the Allegheny County Court of Common Pleas issued Pennsylvania’s first-ever habeas corpus order for a nonhuman animal, moving forward a habeas corpus petition filed by the Nonhuman Rights Project (NhRP) on behalf of African elephants held by the Pittsburgh Zoo.

The judge issued two related orders. The first sets a January 28 hearing on the zoo’s Motion to Dismiss the NhRP petition. If the motion is denied, the second order requires the zoo to show cause justifying the elephants’ continued confinement under the law at a full hearing on the petition’s merits on March 2.

“The legal system routinely refuses to even hear cases brought on behalf of animals simply because they are not human,” said NhRP Senior Staff Attorney Jake Davis. “That the court is examining this case is a welcome departure from business as usual and an opportunity to correct the gross injustice of the elephants’ captivity.”
The Pittsburgh Zoo has repeatedly appeared on In Defense of Animals’ “10 Worst Zoos for Elephants in North America” list.

The NhRP’s petition cites expert declarations describing elephants’ profound physical and psychological need for choice, movement, and social bonds. It also details alleged harm from zoo practices, including restraint, early separation of mothers and calves, and the disruption of bonded groups. The upcoming hearings will determine whether elephants will continue to be held captive by the zoo in a harmful, unnatural environment or be returned to their native wilderness or released to a sanctuary.

The Pennsylvania ruling is the third nonhuman animal habeas corpus order in U.S. history, all of which were obtained by the NhRP. The case follows the NhRP’s high-profile litigation on behalf of Happy the Elephant, which concluded in New York’s highest court with two judges issuing landmark dissenting opinions in favor of recognizing the availability of habeas corpus to certain autonomous, cognitively complex nonhuman animals. Both lawsuits are rooted in the fundamental principles of justice, liberty, and equality, and draw on centuries of case law, as well as the science of elephant cognition and behavior.

Access the NhRP’s media kit, including court filings and photos and videos of the elephants for use in media coverage (credit Molly Condit).

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Media Contact: Robert Conner
(267) 423-5622
rconner@scottcircle.com

About the Nonhuman Rights Project
The Nonhuman Rights Project is the only civil rights organization in the United States working through litigation, legislation, and education to secure fundamental rights for nonhuman animals. Learn more at www.nonhumanrights.org.

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