Dear John,
Today, the Colorado Supreme Court issued an opinion in our elephant rights case on behalf of Missy, Kimba, Lucky, LouLou, and Jambo–five elephants held captive in the Cheyenne Mountain Zoo. As we told the news media that reported on the elephants’ historic hearing and as they have begun reporting today, the Colorado Supreme Court’s opinion perpetuates a clear injustice, stating that unless an individual is human, they have no right to liberty, “no matter how cognitively, psychologically, or socially sophisticated they may be.”
Read our official statement and the Court’s opinion on our blog.
Missy, Kimba, Lucky, LouLou, and Jambo are autonomous beings who’ve been stripped of all control over their lives. As the lower court wrote and as the Colorado Supreme Court appeared to agree, elephants “cannot function normally in captivity.” In upholding the lower court ruling that denied them relief from their unjustified confinement in a zoo exhibit, the Court missed an important chance to deepen our compassion for other beings and to promote the core values of our justice system, such as fairness, dignity, equality, and liberty.
I understand this news is disappointing, even disturbing. I certainly feel that way. At the same time, the Court’s lackluster reasoning fills me with confidence that we’re on the right track. Whereas the Court refused to look beyond the species membership of our clients, we envision a legal system that respects the conscious experience of individuals regardless of their biological label. And whereas the Court abdicated its responsibility to protect the liberty of our clients because it would involve a “monumental” change in the law, we envision a legal system where courts embrace using their authority to stop monumental injustice.
I’m confident that we’ll ultimately prevail in our mission to secure legal rights for nonhuman animals. Future courts will reject the notion that only humans can have legal rights, as judges in the US and around the world have already begun to find the courage to do, including in our cases. As with other social justice movements, early losses are expected as we challenge an entrenched status quo that has allowed Missy, Kimba, Lucky, LouLou, and Jambo to be relegated to a lifetime of mental and physical suffering. But we will never stop challenging it. That’s the only way to create the real, lasting change that nonhuman animals–and our legal system itself–desperately need.
If you’d like, you can help right now by sharing our blog post on the opinion along with your thoughts on how the Court ruled. Remember that your voice is a vital part of changing societal and legal norms regarding how animals are viewed and treated.
We’ll share additional analysis of this opinion as well as our next steps in the coming days. Thank you again for all your support,
Christopher Berry
Executive Director, the NhRP
