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Happy the elephant is not a ‘person,’ New York’s highest court rules
New York Post ^ | June 14, 2022 | Priscilla DeGregory

Posted on 06/14/2022 11:01:51 AM PDT by American Number 181269513

New York’s highest court has ruled that Happy the elephant is not a “person” as it tossed a lawsuit seeking to free the animal from the Bronx Zoo.

The 5-2 decision likely marks the end of the line for an animal rights group that since at least 2018 has been seeking to spring the 50-year-old Asian pachyderm through habeas corpus – a legal principal used for challenging wrongful imprisonment.

But the state Court of Appeals on Monday rejected that argument, finding habeas corpus “has no applicability to Happy, a nonhuman animal who is not a ‘person’ subjected to illegal detention.”

“While no one disputes that elephants are intelligent beings deserving of proper care and compassion, the courts below properly granted the motion to dismiss the petition,” reads the majority decision authored by Chief Judge Janet DiFiore.

Still, two of the seven-judge panel disagreed with DiFiore’s opinion, finding that Happy should have the right to petition for her freedom.

“We should recognize Happy’s right to petition for her liberty not just because she is a wild animal who is not meant to be caged and displayed, but because the rights we confer on others define who we are as a society,” Judge Rowan Wilson wrote.

Similarly, Judge Jenny Rivera wrote in her dissenting opinion: “The law has a mechanism to challenge this inherently harmful confinement, and Happy should not be denied the opportunity to pursue and obtain appropriate relief by writ of habeas corpus.”

The NonHuman Rights Project has argued that Happy – as an intelligent creature – should live free from captivity after over 40 years cooped up in the zoo and more than ten years living alone.

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


TOPICS: Culture/Society; News/Current Events; Philosophy; US: New York
KEYWORDS: chat; happytheelephant; newyork; newyorkcity; newyorkpost; notnews; priscilladegregory
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Still, two of the seven-judge panel disagreed with DiFiore’s opinion, finding that Happy should have the right to petition for her freedom…

“We should recognize Happy’s right to petition for her liberty not just because she is a wild animal who is not meant to be caged and displayed, but because the rights we confer on others define who we are as a society,” Judge Rowan Wilson wrote.

Similarly, Judge Jenny Rivera wrote in her dissenting opinion: “The law has a mechanism to challenge this inherently harmful confinement, and Happy should not be denied the opportunity to pursue and obtain appropriate relief by writ of habeas corpus.”

Just when I was about to identify as an elephant. But seriously, a 5-2 vote?

”We should recognize Happy’s right to petition for her liberty….” I’m sure Happy did not do an internet search for animal rights activists or lawyers. If she did use the internet I’m sure a 500 pound delivery of peanuts from Amazon would have arrived in Happy’s name.

1 posted on 06/14/2022 11:01:51 AM PDT by American Number 181269513
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To: American Number 181269513

It’s a fish.


2 posted on 06/14/2022 11:02:37 AM PDT by tnlibertarian
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To: American Number 181269513

The scary thing is that 2 “judges” actually bought this insanity.


3 posted on 06/14/2022 11:04:53 AM PDT by Seruzawa ("The Political left is the Garden of Eden of incompetence" - Marx the Smarter (Groucho))
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To: American Number 181269513

Want to bet the “2” do not recognize the personhood of unborn humans?


4 posted on 06/14/2022 11:05:34 AM PDT by Rurudyne (Standup Philosopher)
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To: tnlibertarian

If itself chooses to identify as a fish then them are a fish.


5 posted on 06/14/2022 11:05:36 AM PDT by rdl6989 ( )
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To: tnlibertarian

Let’s now go to court to decide Happy’s gender, out of 463 possible options.


6 posted on 06/14/2022 11:09:31 AM PDT by DPMD ( )
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To: Seruzawa

Because calling an animal a human is who we are.


7 posted on 06/14/2022 11:10:28 AM PDT by DPMD ( )
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To: American Number 181269513

But meanwhile, according to a court on the West Coast, a bee can be a fish.


8 posted on 06/14/2022 11:11:18 AM PDT by Verginius Rufus
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To: American Number 181269513

Will Happy the Elephant still be able to vote straight Democrat in the next election? The article doesn’t say.


9 posted on 06/14/2022 11:14:16 AM PDT by Leaning Right (The steal is real.)
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To: American Number 181269513

If an elephant is a person then they should be prosecuted for breaking the laws of people. Wanna bet that IF released this elephant would break almost every law on the books?


10 posted on 06/14/2022 11:18:09 AM PDT by DouglasKC
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Comment #11 Removed by Moderator

To: American Number 181269513

What if Happy likes being protected from tuck poachers and lion hunt packs?


12 posted on 06/14/2022 11:22:57 AM PDT by BiglyCommentary
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To: American Number 181269513

I hope that chicken I ate last night doesn’t file suit against me posthumously. Posthumously? Post chickously?


13 posted on 06/14/2022 11:26:10 AM PDT by DannyTN
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To: tnlibertarian

In CA, Happy could be whatever. Those NYers are so rigid!


14 posted on 06/14/2022 11:26:15 AM PDT by married21 (As for me and my house, we will serve the Lord.)
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To: All
5-2?????

5-2????


15 posted on 06/14/2022 11:27:24 AM PDT by mmichaels1970
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To: Seruzawa

BINGO!!! TWO ADULT JUDGES THOUGHT AN ELEPHANT WAS A PERSON!
ONLY PSTUPID ARE RADICAL DEMOCRATS!!


16 posted on 06/14/2022 11:29:16 AM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: American Number 181269513
I have a big soft spot in my heart for elephants...at least the African ones. I've seen them,in the wild,in Kenya,Tanzania and South Africa. "Majestic" doesn't even begin to describe them.

As for zoo elephants I can absolutely see the need to treat them with respect...perhaps by giving them companions (African elephants are very social...don't know about Asian ones) and giving them some space. Of course "space" might be difficult in the Bronx.

17 posted on 06/14/2022 11:30:03 AM PDT by Gay State Conservative (Covid Is All About Mail In Ballots)
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To: American Number 181269513

Happy should have played the gay card.


18 posted on 06/14/2022 11:31:05 AM PDT by Raycpa
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To: American Number 181269513

If an elephant is a person then it should have the right to marry. Further if it breaks the law it should be subject to the court system.


19 posted on 06/14/2022 11:31:16 AM PDT by LukeL
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To: American Number 181269513

Happy will remember everything they did to free him.
elephants never forget.


20 posted on 06/14/2022 11:34:44 AM PDT by Leep (Hillary will NEVER be president! 😁)
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