The Court of Appeals in New York decided an Asian elephant named Happy will remain at the Bronx Zoo, a place she has called home for over 40 years. On Tuesday, by a 5-to-2 vote, the court ruled that Happy does not qualify as a person legally and, as a result, does not deserve the fundamental human right of habeas corpus.
A group advocating for animal rights argued that Happy was unlawfully confined and should be relocated to an environment more suited for elephants. At issue was whether habeas corpus, a principle used to safeguard human freedom and prevent illegal detention, applies to animals known for their intelligence, such as elephants.
Chief Judge Janet DiFiore explained, “While no one disputes the impressive capabilities of elephants, we reject petitioner’s arguments that it is entitled to seek the remedy of habeas corpus on Happy’s behalf.” She further clarified, “Habeas corpus is a procedural vehicle intended to secure the liberty rights of human beings who are unlawfully restrained, not nonhuman animals.”
In a dissenting opinion, Judge Rowan D. Wilson expressed the belief that the court must recognize Happy’s right to petition for liberty due to her status as a wild animal not meant for captivity. He emphasized that the rights granted to others reflect societal values.
Similarly, Judge Jenny Rivera offered a separate dissent, commenting that Happy lives in an artificial setting that hinders her ability to lead a self-governed and autonomous life, as intended in the wild.

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