Colorado’s top court weighs whether zoo elephants can be recognized as ‘persons’

The Colorado Supreme Court is considering whether five elephants at the Cheyenne Mountain Zoo can be recognized as “persons” under the law, allowing them to pursue legal action for their release. The NonHuman Rights Project (NhRP) argues that the elephants — Missy, Kimba, Lucky, LouLou and Jambo — are intelligent and social beings showing signs of distress due to their confinement. They want the elephants transferred to an accredited sanctuary.

The hearing: During the hearing, justices expressed concerns about the potential implications of such a ruling, particularly whether it could extend to domesticated pets. The zoo opposes the move, stating that relocating the elephants would be harmful at their age and that they may not adapt well to larger herds. NhRP’s lawyer urged the court to focus on the elephants’ individual welfare, but the zoo’s attorney countered that habeas corpus rights are historically limited to humans. A decision from the court is expected in the coming weeks or months.
Catch up: This case parallels an earlier effort by NhRP to secure freedom for Happy, an Asian elephant at the Bronx Zoo, by seeking to have her recognized as a “person” under habeas corpus. Despite garnering significant public support, the New York Court of Appeals ultimately ruled against the petition, stating that granting such legal rights to an elephant could destabilize legal and social frameworks. Both cases reflect the ongoing legal debate over animal rights and the recognition of certain animals as autonomous beings with the right to bodily liberty.

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