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Slavery protections for animals? Judge to decide (Do animals have constitutional protection?)
Sacramento Bee ^ | 02/07/2012 | Julie Watson

Posted on 02/07/2012 12:05:11 PM PST by SeekAndFind

A federal judge for the first time in U.S. history heard arguments Monday in a case that could determine whether animals enjoy the same constitutional protection against slavery as human beings.

U.S. District Judge Jeffrey Miller called the hearing in San Diego after Sea World asked the court to dismiss a lawsuit filed by People for the Ethical Treatment of Animals that names five orcas as plaintiffs in the case.

PETA claims the captured killer whales are treated like slaves for being forced to live in tanks and perform daily at its parks in San Diego and Orlando, Fla.

"This case is on the next frontier of civil rights," said PETA's attorney Jeffrey Kerr, representing the five orcas.

Sea World's attorney Theodore Shaw called the lawsuit a waste of the court's time and resources. He said it defies common sense and goes against 125 years of case law applied to the Constitution's 13th amendment that prohibits slavery between humans.

"With all due respect, the court does not have the authority to even consider this question," Shaw said, adding later: "Neither orcas nor any other animal were included in the 'We the people' ... when the Constitution was adopted."

Miller listened to both sides for an hour before announcing that he would take the case under advisement and issue his ruling at a later date. The judge raised doubts a court can allow animals to be plaintiffs in a lawsuit, and he questioned how far the implications of a favorable ruling could reach, pointing out the military's use of dolphins and scientists' experiments on whales in the wild.

Kerr acknowledged PETA faces an uphill battle but he said he was hopeful after Monday's hearing.

(Excerpt) Read more at sacbee.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; Philosophy
KEYWORDS: animals; constitution; slavery

1 posted on 02/07/2012 12:05:17 PM PST by SeekAndFind
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To: SeekAndFind

It’s really only a matter of time before people will be legally marrying animals in the USA.


2 posted on 02/07/2012 12:09:59 PM PST by brownsfan (Aldous Huxley and Mike Judge were right.)
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To: SeekAndFind

Do animals have constitutional protection?

Only the species that signed the constitution.


3 posted on 02/07/2012 12:11:44 PM PST by UCANSEE2
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To: SeekAndFind
In a sane world, this judge would be tarred and feathered, thrown into the trunk, and sent across the border.

Any border.

4 posted on 02/07/2012 12:12:51 PM PST by Flycatcher (God speaks to us, through the supernal lightness of birds, in a special type of poetry.)
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To: SeekAndFind

Free Willy! Then tax him.


5 posted on 02/07/2012 12:17:58 PM PST by gundog (Help us, Nairobi-Wan Kenobi...you're our only hope.)
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To: gundog
Free Willy! Then tax him.

Democrats must add to the voter rolls any way they can.

6 posted on 02/07/2012 12:27:34 PM PST by Albion Wilde (A land of hyper-legalisms is not the same as a land of law. --Mark Steyn)
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To: SeekAndFind

Animals can have rights when they get responsibilities!


7 posted on 02/07/2012 12:28:14 PM PST by cartoonistx
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To: SeekAndFind

Mkes me wonder why we even bother with a republican form of government. All that voting and bother and expense is surely not justified. We should just have a binding forum of judges deciding everything in life.


8 posted on 02/07/2012 12:30:13 PM PST by Rinnwald
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To: SeekAndFind

We are slaves to our government. Animals have it better.


9 posted on 02/07/2012 12:31:07 PM PST by mountainlion (I am voting for Sarah after getting screwed again by the DC Thugs.)
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To: AnAmericanMother; Titan Magroyne; Badeye; Shannon; SandRat; arbooz; potlatch; ...
WOOOF!

The Doggie Ping list is for FReepers who would like to be notified of threads relating to all things canid. If you would like to join the Doggie Ping Pack (or be unleashed from it), FReemail me.

10 posted on 02/07/2012 12:31:34 PM PST by Joe 6-pack (Que me amat, amet et canem meum)
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To: SeekAndFind

Do animals have constitutional protection?

But of course! Unborn babies, on the other hand...
11 posted on 02/07/2012 12:34:35 PM PST by COBOL2Java (Controlling RINOs in Congress is like herding cats; should we be surprised Newt got scratched?)
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To: SeekAndFind
The courts will decided if animals have constitutional rights, but won't touch the rights, or denial of rights, of the voters when intimidated by the Black Panthers?
12 posted on 02/07/2012 12:34:48 PM PST by Bushbacker1 (I miss President Bush! 2012 - The End Of An Error! (Oathkeeper))
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To: Joe 6-pack

I can see class action lawsuits from Golden Retrievers for bringing home all the tennis balls they chase.


13 posted on 02/07/2012 12:37:34 PM PST by afraidfortherepublic
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To: SeekAndFind

At this rate it is only a matter of time.


14 posted on 02/07/2012 12:40:34 PM PST by ColdOne (I miss my poochie... Tasha 2000~3/14/11)
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To: SeekAndFind

When the critters pay taxes then we can considered extending them rights.
The same should be said for the illegal migrants.


15 posted on 02/07/2012 12:44:04 PM PST by BuffaloJack (Defeat Obama. End Obama's War On Freedom.)
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To: SeekAndFind
PETA needs to be fined eleventy billion dollars for bringing forth this frivolous lawsuit. Who's to say the orcas aren't loving life at Sea World?
16 posted on 02/07/2012 12:44:16 PM PST by liberalh8ter (Obama - The United Nation's first U.S. Presidential Candidate)
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To: brownsfan
Once animals get their constitutional rights, I see no reason why they shouldn't vote. In fact, the aphids in my rose garden alone would allow me to swing the presidential election any way I wanted, if I could only get them all registered, and if they would vote as I asked them to.
17 posted on 02/07/2012 12:46:52 PM PST by PUGACHEV
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To: gundog
Free Willy!

Fry Willy!

Does this mean that my dinner can sue me?

-PJ

18 posted on 02/07/2012 12:48:09 PM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: afraidfortherepublic

I'z here for my reparashuns!

19 posted on 02/07/2012 12:58:02 PM PST by Joe 6-pack (Que me amat, amet et canem meum)
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To: SeekAndFind
PETA is doing this simply to make a mockery of the legal system and the Constitution, in just the same way that the homosexual community is using "gay marriage" to make a mockery of marriage and the family.

By mocking it they hope to undermine it. Others can then carry forward further phases of the destruction process.

20 posted on 02/07/2012 1:02:55 PM PST by Steely Tom (Obama goes on long after the thrill of Obama is gone)
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To: Joe 6-pack

*groan*

This government is not going to be happy until it has enslaved us all.

Take all the leftists and ship them to Californication and build a wall around the state (except for the southern border.) Then wait for The Big One to make Las Vegas a beach property.

Peta is SUCH a whacko outfit...they should all be fed dog and cat food forever, and made to crawl on their hands and knees, if they love animals so much. Idiocy.

Even my soul groans for the perfidity of the PETA Heads. (Like Chia Pet Heads only with grass for hair.)


21 posted on 02/07/2012 1:10:53 PM PST by Monkey Face (Stop repeat offenders. Don't re-elect them!)
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To: SeekAndFind

Yea it’s only the unborn babies who have no protection or rights.


22 posted on 02/07/2012 1:11:29 PM PST by chiefqc
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23 posted on 02/07/2012 1:28:32 PM PST by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: SeekAndFind

If they do, then we need to file lawsuits in all 50 states and all ten federal court jurisdictions to get Roe overturned. On the basis if animals have these rights, the human unborn have to as well.

I love my animals and I’ll die protecting them, that’s my choice. They are more to me than property. But the very fact they are my property allows ME to take care of them and be responsible for them, and that they have certain rights that I am to take care of them and feed and water and shelter them and get them medical care when needed. Without anyone else being able to take them from me. I consider them non-human family members, not all people do. But I can protect them because anyone who’ll go after them will be going after me and I can legally defend myself or my other family/friends around me.

Animals are best cared for when they belong to someone. They live far longer and generally better lives than in the wild. THe wild animal shows show you what ‘life in the wild’ is like. It is scary and tense and brutal and without mercy.

Finally if animals can sue (via proxy groups) regarding things that will affect their lives negatively, and maybe kill some of them, then unborn human people have to have this right as well. Otherwise you are legally placing them lower than animals. This is perhaps the best argument to run with. Argue the unborn should have at least the same legal protection that the animals do against those that may propose things that hurt or kill them.


24 posted on 02/07/2012 2:05:33 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: SeekAndFind
Like the Founding Fathers could have seen that coming.

Lawyers are the Scum of the earth, and they become judges.

25 posted on 02/07/2012 3:35:29 PM PST by itsahoot (I will Vote for Palin, even if I have to write her in.(Recycled Tagline))
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To: Rinnwald
We should just have a binding forum of judges deciding everything in life.

How Platonic of you.

26 posted on 02/07/2012 3:36:46 PM PST by itsahoot (I will Vote for Palin, even if I have to write her in.(Recycled Tagline))
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To: itsahoot
We should just have a binding forum of judges deciding everything in life.

How Platonic of you.

Hey, I like you too.

27 posted on 02/07/2012 3:41:03 PM PST by Rinnwald
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To: brownsfan
Can't wait until dumba$$ judges rule that termites have squatter rights.
28 posted on 02/07/2012 3:55:13 PM PST by Chgogal (WSJ, Kristol, Krauthammer, Rove et al., STFU. Thank you.)
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To: SeekAndFind

“...said PETA’s attorney Jeffrey Kerr, representing the five orcas. “

In Our World, unborn babies have fewer rights than orcas.


29 posted on 02/07/2012 4:03:30 PM PST by APatientMan (Pick a side)
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To: SeekAndFind

Bob Barker has been funneling money hand over fist to law schools across the country to establish the study of animal rights. Don’t take this lightly, these people are dead serious. And they are after power, not helping little puppies and kitties.


30 posted on 02/07/2012 7:28:16 PM PST by Darnright ("I don't trust liberals, I trust conservatives." - Lucius Annaeus Seneca)
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To: Steely Tom

You have correctly identified the agenda. It is no accident that we have recently heard a crescendo of criticism of the Constitution. The Constitution and our guns are the only things standing in the way of a leftist dictatorship.


31 posted on 02/08/2012 10:47:32 AM PST by TexasRepublic (Socialism is the gospel of envy and the religion of thieves)
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