The Colorado Supreme Court has ruled against the release of five African elephants from the Cheyenne Mountain Zoo, concluding that elephants are not legally recognized as people and, therefore, do not possess human rights.
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The case, led by the Nonhuman Rights Project, sought to move the elephants, Missy, Kimba, Lucky, LouLou, and Jambo to an elephant sanctuary, arguing they were emotionally complex, intelligent creators effectively imprisoned at the zoo. According to BBC, NRP filed a habeas corpus claim, a legal process typically used to challenge unlawful human detention, on behalf of the elephants. However, the court unanimously ruled 6-0 in favor of a lower court’s decision, asserting that habeas corpus applies only to humans.
Justice Maria Berkenkotter recognized the elephants as “majestic,” but stated that the law does not provide liberty rights to nonhuman animals, regardless of their cognitive abilities and social complexity. The zoo and its supporters celebrated the court’s decision, dismissing the lawsuit as unfounded. Cheyenne Mountain Zoo also accused the animal rights group of making false claims and wasting valuable resources.
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“As with other social justice movements, early losses are expected as we challenge an entrenched status quo that has allowed Missy, Kimba, Lucky, LouLou, and Jambo to be relegated to a lifetime of mental and physical suffering,” NRP said in response to the court decision.
The animal rights organization highlighted the elephants’ alleged suffering, citing signs of trauma, chronic stress, and brain damage as evidence of their need for sanctuary care. Despite the loss, NRP remains resolute in its mission to secure rights for nonhuman animals. The group had a similar unsuccessful attempt with an elephant at the Bronx Zoo.
