-
US Open under the influence: content creators spark debate
-
Raiders to start Cousins over top NFL Draft pick Mendoza
-
NBA hammers Clippers over Leonard salary cap violations
-
Palantir chief says France's digital sovereignty push 'backfiring'
-
NBA strips five first-round draft picks from Clippers for Leonard salary cap violations
-
US energy firms dominate Venezuela deals worth billions
-
Kane brace helps Bayern win German Cup opener
-
Iran, US trade threats after escalation in fighting
-
Migrant plight, local anger divide Ceuta one month after influx
-
US jury deadlocks again in Lindsay Clancy's child murder trial
-
Outrage as Maltese tycoon acquitted of reporter's murder
-
Lake America? No way, Canadians say
-
Rare train of Pacific cyclones fueled by historic El Nino
-
Spain report flags Moroccan police failings in Ceuta migrant rush
-
Macron, King Charles hail UK-France ties after viewing Bayeux Tapestry
-
Tech bosses press G20 to build data centers, but split on risk
-
Fury hits out at 'coward' Joshua as 'Battle of Britain' talks go on
-
Dolly Parton to get new Hollywood star after vandalism
-
Maltese tycoon acquitted of masterminding reporter's murder
-
Trump 'happy' Prince Harry and Meghan have left US
-
George Clooney: a Hollywood icon and campaigner
-
Michelson shocks Nakashima in US Open clash of rising Americans
-
Europe, US closer than they look on tech rules, says EU tech chief
-
Another body recovered after ferry capsizes off northern Cyprus: official
-
Clooney honoured as Hollywood-light Venice Film Festival kicks off
-
Cupertino Chamber President Claudio Bono Invited to White House with GiveaRoof 3-Year Plan to End Homelessness
-
Third-ranked Pegula, Medvedev power into US Open third round
-
Trump floats renaming Strait of Hormuz as 'Trump Strait'
-
Davis-Woodhall a doubt for Ultimate Championship after car crash
-
Man City, Chelsea fuel record-breaking Premier League transfer window
-
Third-ranked Pegula powers into US Open third round
-
Balogun rejected Everton move over transfer 'treatment'
-
Uber says laying off 'about 10%' of workforce worldwide
-
Northampton seek 'happy medium' in bid to keep England star Pollock
-
US judge rejects bid to break up Google's ad business
-
US energy secretary in Venezuela to sign Trump's 'biggest' oil deal
-
Rupert Murdoch 'very happy' to be played by Guy Pearce in new film
-
Branagh takes on action role in Apple's Cold War comedy 'Mayday'
-
Wall Street stocks rise despite bond yields, oil rising
-
Lawson fills in again for injured Hadjar at Monza
-
Brennan claims third Vuelta victory in stage 11 sprint
-
England omit Carse from squad for third Test against Pakistan
-
Nepal flood survivors cling to zipline to cross treacherous river
-
Venice festival gets underway with Clooney taking swipe at US government
-
US Treasury issues $1 coin with Trump's face on it
-
DNA tests and funerals in Nepal, a week after deadly floods
-
Fernandez 'didn't hesitate' over record Man City move
-
Iran threatens tougher strategy after US strikes kill 4 at wedding
-
Dutch shift 86 tonnes of gold from US, Canada to UK
-
Chevron unveils deal to double Venezuela venture output in 5 years
No, Happy the elephant isn't a person, New York's top court says
As intelligent as she is, Happy the elephant doesn't meet the definition of a "person" and is therefore not being illegally confined in the Bronx Zoo, New York's top court ruled Tuesday in a closely watched case for animal rights.
The state's Court of Appeals 5-2 verdict against the habeas corpus proceeding filed by the Nonhuman Rights Project (NRP) means Happy will remain in her one-acre lot, where she has lived for 45 years, rather than moving to a much larger sanctuary.
NRP had contended Asian elephant, who was born in the wild in 1971, is an "extraordinarily cognitively complex and autonomous nonhuman" who should be "recognized as a legal person with the right to bodily liberty protected by the common law."
It was the latest legal defeat for the organization, which has previously made similar petitions on behalf of other elephants as well as chimpanzees throughout the United States.
The majority decision, written by Chief Justice Janet DiFiore, acknowledged "no one disputes that elephants are intelligent beings deserving of proper care and compassion."
But she affirmed the decisions of lower courts that previously heard the case, writing: "Because the writ of habeas corpus is intended to protect the liberty right of human beings to be free of unlawful confinement, it has no applicability to Happy, a nonhuman animal who is not a 'person' subjected to illegal detention."
"Granting legal personhood to a nonhuman animal in such a manner would have significant implications for the interactions of humans and animals in all facets of life, including risking the disruption of property rights, the agricultural industry (among others), and medical research efforts," DiFiore added.
If such relief were granted to elephants, "What of dolphins -- or dogs? What about cows or pigs or chickens --species routinely confined in conditions far more restrictive than the elephant enclosure at the Bronx Zoo?"
Reacting to the news, NRP praised the two dissenting judges, and said their views, as well as the fact that the case was heard in New York's highest court, represented hope for the cause in the future.
Justice Rowan Wilson wrote: "When the majority answers, 'No, animals cannot have rights,' I worry for that animal, but I worry even more greatly about how that answer denies and denigrates the human capacity for understanding, empathy and compassion."
Wilson recalled the case of Ota Benga, a member of the Mbuti pygmy people who was kidnapped from Africa and placed on exhibit at the Bronx Zoo in 1906, attracting a quarter of a million visitors.
Wilson said that while Benga was a human being and Happy was not, "The crucial point from both Mr Benga's and Happy's confinement... is that both suffered greatly from confinement that, though not in violation of any statutory law, produced little or no social benefit."
DiFiore retorted that was "an odious comparison with concerning implications," adding, "We are unpersuaded."
She concluded with the observation that enormous interest generated by the case was "a testament to the complicated and ever-evolving relationship between human beings and other animals," but stressed that ongoing debate should be settled by legislation, not the courts.
T.Perez--AT