New York’s top court rejected an effort to free Happy the elephant from the Bronx Zoo, ruling Tuesday in a closely watched case that she does not meet the definition of a “person” who is being illegally confined.
FILE - Bronx Zoo elephant"Happy" strolls inside the zoo's Asia Habitat in New York on Oct. 2, 2018. New York's top court on Tuesday, June 14, 2022, rejected an effort to free Happy the elephant from the Bronx Zoo, ruling that she does not meet the definition of"person" who is being illegally confined.
The majority decision written by Chief Judge Janet DiFiore said that “while no one disputes that elephants are intelligent beings deserving of proper care and compassion,” a writ of habeas corpus is intended to protect the liberty of human beings and does not apply to a nonhuman animal like Happy. The advocates at the Nonhuman Rights Project argued that Happy is an autonomous, cognitively complex elephant worthy of the right reserved in law for “a person.”
The ruling from New York’s highest court cannot be appealed. The Nonhuman Rights Project has failed to prevail in similar cases, including those involving a chimpanzee in upstate New York named Tommy.
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