Dear John,
Earlier this week, the Michigan Court of Appeals heard arguments by the Nonhuman Rights Project concerning whether seven chimpanzees confined in the DeYoung Family Zoo are entitled to the right to liberty and a habeas corpus hearing on the lawfulness of their imprisonment.
Six world-renowned experts in chimpanzee cognition and behavior, including the late Jane Goodall, submitted expert declarations in support of the NhRP’s case, which is the first of its kind in Michigan. The Animal Law Section of the State Bar of Michigan, Michigan State University School of Law Professors David Favre and Angie Vega, and the Michigan group Attorneys for Animals submitted a “friends of the court” brief in support.
The expert declarations demonstrate that chimpanzees are autonomous beings who suffer physically and psychologically in an environment like the DeYoung Family Zoo, where our clients appear to be confined largely indoors in cages closed off from public view.
Today, a mere three days after the hearing, the Michigan Court of Appeals issued a decision in the case, agreeing with the trial court’s decision to deny the chimpanzees any possibility of habeas corpus relief on the ground that they’re not legal “persons”–solely because they’re not human. A legal person isn’t synonymous with being human, but rather, refers to an entity with at least one legal right; for example, corporations are legal persons. The Court wrote that it considered itself bound by 19th-century Michigan Supreme Court precedent that treats all nonhuman animals as mere property, and as property, the seven chimpanzees confined in the DeYoung Family Zoo can’t be treated as legal persons with the fundamental right to liberty.
In numerous ways, this decision failed to live up to the most cherished values of our legal system, like liberty, equality, and justice.
The Court did acknowledge, however, that the issue of whether a nonhuman animal is eligible for habeas corpus relief is indeed a common law matter for the courts to decide (the common law is judge-made law that’s meant to evolve with the times). Some courts view the issue as one that’s already been decided by the legislature, so this aspect of the decision we consider a win.
We’ll now ask the Michigan Supreme Court to reject the outdated classification of all animals as mere property. As our Executive Director said in our statement sent to reporters today, “The chimpanzees confined in the DeYoung Family Zoo deserve the law’s protection because they are autonomous beings whose suffering matters.”
Thank you so much to everyone who wrote to us this week to express your gratitude for NhRP Senior Staff Attorney Jake Davis’ arguments before the Court of Appeals and reiterate your belief in this work. We read all your comments and emails and are so grateful for our amazing supporters.
It’s not easy to reject a unjust status quo that’s existed for centuries and financially benefits many–and that’s exactly what you’re doing by supporting this cause.
Donate now if you can to help amplify our efforts as we prepare to take this case to Michigan’s highest court.
