Legal Case Examines if Elephant Can Be Considered a Person
2022-05-23
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1She has four limbs, expressive eyes and likes to walk through greenery in New York City.
2Happy is an Asian elephant.
3But can she also be considered a person?
4That question was before New York's highest court this week.
5The case involves the Nonhuman Rights Project (NRP) and the Bronx Zoo.
6Supporters at the Nonhuman Rights Project say Happy is an independent being with complex thinking abilities.
7They want her moved from what they say is a prison-like space she lives in at the zoo.
8They argue that she should have that right under law as "a person."
9The Bronx Zoo, where Happy lives, argues Happy is neither illegally imprisoned nor a person.
10The zoo says Happy is a well-cared-for elephant "respected as the magnificent creature she is."
11Happy has lived at the Bronx Zoo for 45 years.
12The state Court of Appeals heard arguments over whether she should be released through a special proceeding, known as a habeas corpus proceeding.
13It is a way for people to fight illegal imprisonment.
14The Nonhuman Rights Project wants Happy moved from the zoo to a larger area.
15Project attorney Monica Miller told The Associated Press ahead of the court arguments that Happy "has an interest in exercising her choices and deciding who she wants to be with, and where to go, and what to do, and what to eat."
16Miller added, "And the zoo is prohibiting her from making any of those choices herself."
17The group said that in 2005, Happy became the first elephant to pass a self-awareness test.
18Happy repeatedly touched a white "X" on her forehead as she looked into a large mirror.
19The zoo and its supporters warn that a win for the Nonhuman Rights Project could open the door to more legal actions about animals, including pets and other animals in zoos.
20Happy was born in the wild in Asia in the early 1970s.
21She was captured and brought as a 1-year-old to the United States.
22Happy arrived at the Bronx Zoo in 1977 with Grumpy, another elephant.
23Grumpy died 20 years ago after a fight with two other elephants.
24Happy now lives in an area next to the zoo's other elephant, Patty.
25The zoo's attorney argued in court filings that Happy can swim, eat and do other behaviors that are natural for elephants.
26NRP's lawyers say no matter how Happy is being treated at the zoo, her right to "bodily liberty" is being violated.
27If the court recognizes Happy's right to that liberty under habeas corpus, she must be released, they argue.
28Judge Jenny Rivera asked Miller about NRP's position on human-animal relationships.
29"So does that mean that I couldn't keep a dog?" Rivera asked.
30"I mean, dogs can memorize words."
31Miller said there evidence showing elephants are more mentally complex.
32Lower courts have ruled against the NRP.
33And the group has failed to win in similar cases, including one involving a chimpanzee named Tommy.
34Opponents hope the NRP's series of court losses continues with the New York court.
35The court's decision is expected in the coming months.
36At least one animal rights supporter suggests a court decision will not change society's view of animal use.
37Rutgers Law School professor Gary Francione, who is not involved in the case, said that would require a wider cultural change.
38I'm John Russell.
1She has four limbs, expressive eyes and likes to walk through greenery in New York City. Happy is an Asian elephant. But can she also be considered a person? 2That question was before New York's highest court this week. 3The case involves the Nonhuman Rights Project (NRP) and the Bronx Zoo. 4Supporters at the Nonhuman Rights Project say Happy is an independent being with complex thinking abilities. They want her moved from what they say is a prison-like space she lives in at the zoo. They argue that she should have that right under law as "a person." 5The Bronx Zoo, where Happy lives, argues Happy is neither illegally imprisoned nor a person. The zoo says Happy is a well-cared-for elephant "respected as the magnificent creature she is." 6Happy has lived at the Bronx Zoo for 45 years. The state Court of Appeals heard arguments over whether she should be released through a special proceeding, known as a habeas corpus proceeding. It is a way for people to fight illegal imprisonment. 7The Nonhuman Rights Project wants Happy moved from the zoo to a larger area. 8Project attorney Monica Miller told The Associated Press ahead of the court arguments that Happy "has an interest in exercising her choices and deciding who she wants to be with, and where to go, and what to do, and what to eat." 9Miller added, "And the zoo is prohibiting her from making any of those choices herself." 10The group said that in 2005, Happy became the first elephant to pass a self-awareness test. Happy repeatedly touched a white "X" on her forehead as she looked into a large mirror. 11The zoo and its supporters warn that a win for the Nonhuman Rights Project could open the door to more legal actions about animals, including pets and other animals in zoos. 12Happy was born in the wild in Asia in the early 1970s. She was captured and brought as a 1-year-old to the United States. 13Happy arrived at the Bronx Zoo in 1977 with Grumpy, another elephant. Grumpy died 20 years ago after a fight with two other elephants. 14Happy now lives in an area next to the zoo's other elephant, Patty. The zoo's attorney argued in court filings that Happy can swim, eat and do other behaviors that are natural for elephants. 15NRP's lawyers say no matter how Happy is being treated at the zoo, her right to "bodily liberty" is being violated. If the court recognizes Happy's right to that liberty under habeas corpus, she must be released, they argue. 16Judge Jenny Rivera asked Miller about NRP's position on human-animal relationships. 17"So does that mean that I couldn't keep a dog?" Rivera asked. "I mean, dogs can memorize words." 18Miller said there evidence showing elephants are more mentally complex. 19Lower courts have ruled against the NRP. And the group has failed to win in similar cases, including one involving a chimpanzee named Tommy. 20Opponents hope the NRP's series of court losses continues with the New York court. 21The court's decision is expected in the coming months. 22At least one animal rights supporter suggests a court decision will not change society's view of animal use. Rutgers Law School professor Gary Francione, who is not involved in the case, said that would require a wider cultural change. 23I'm John Russell. 24Michael Hill reported on this story for the Associated Press. John Russell adapted it for VOA Learning English. 25________________________________________________________________________ 26Words in This Story 27limb - n. a leg or arm 28magnificent - adj. very beautiful or impressive : very great 29self-awareness - n. : knowledge of your own existence or personality 30prohibit - v. to say that (something) is not allowed; to make (something) impossible to do 31mirror - n. a piece of glass that reflects images 32memorize - v. to learn (something) so well that you are able to remember it perfectly