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Should Animals Have Human Rights? Hawaii Court to Decide
The petition argues the elephants face poor conditions and could be moved to a sanctuary if the court recognizes them as legal persons.
The Hawaii Supreme Court agreed to consider a lawsuit seeking to liberate Honolulu Zoo elephants Mari, 51, and Vaigai, 41, from their 1.5-acre enclosure. The case aims to confer constitutional rights upon the animals.
Representing the elephants, the Nonhuman Rights Project argues the zoo violates their rights to self-determination as autonomous sentient beings. Attorney Jake Davis described the enclosure as "especially insidious" due to hard ground and lack of shade.
Previously, Circuit Court Judge Gary Chang ruled that elephants, despite being "magnificent, highly intelligent beings," did not meet the statutory definition of "persons" under state law. The organization has litigated unsuccessfully in New York, California, and Colorado.
Honolulu Zoo Director John Berry maintains the facility is "fully committed to ensuring they continue to receive exceptional care and support." The institution recently regained accreditation after years of financial strain.
A Supreme Court decision would be legally binding for Mari and Vaigai, but lawyers believe a win could establish precedents for Hawaii's many other captive animals, including dolphins, lions, and tigers.
Kelden and Kalehua Lee, residents of Big Island, were strolling near the elephant enclosure of the Honolulu Zoo with their little daughter on Monday when they learned that the elephant case will soon be brought before the Hawaiian Supreme Court.