2 New York Court of Appeals Judges Rule an Elephant has Human Rights

 

 

By Daniel Greenfield

 

 

 

The Left isn’t stopping at insisting that men are women, and anyone can be any gender. The next frontier is ‘speciesism’.

Happy the Elephant is not a person, the New York state’s Court of Appeals ruled in a 5-2 decision Tuesday, meaning the Asian elephant will continue to reside at the Bronx Zoo, her home for the past 45 years.

If two judges ruled that the earth is flat, emphasizing this Et 5 judges rule it’s not is burying the lede.

As we’ve seen in the past, completely insane leftist views once they gain traction can entirely take over as opposition to them collapses. That’s how we got transmen.

The ruling that Happy is not a person, in a legal sense, and therefore not entitled to a fundamental human right, rejects the animal-advocacy organization’s argument that she is being illegally detained at the zoo.

The New York Court of Appeals disagreed, though it said Happy was entitled to proper care.

“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,” the decision said. “Thus, 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 for a writ of habeas corpus, and we therefore affirm.”

The Nonhuman Rights Project wanted her moved from a “one-acre prison” at the zoo to a more spacious sanctuary.

“She has an interest in exercising her choices and deciding who she wants to be with, and where to go, and what to do, and what to eat,” project attorney Monica Miller told The Associated Press ahead of the oral arguments. “And the zoo is prohibiting her from making any of those choices herself.”

Happy didn’t actually her lawyers any of this. She’s not making any choices beyond the mundane ones. Nor does the NRP actually want her to. If Happy is a person, shouldn’t she be a citizen with the right to vote? And what if she votes for the elephant party?

While the jokes write themselves, they stop being funny once they become real.

The Court of Appeals should never have even heard this case. The fact that it did shows that ‘speciesism’ is gaining traction.

With this appeal, NRP continues to misuse the writ of habeas corpus to advance what they have called ‘a state-by-state, country-by-country, long-term litigation campaign.

And two Court of Appeals judges, Jenny Rivera and Rowan D. Wilson, issued dissents.

“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,” the opinion from Judge Wilson reads.

The Wilson dissent is completely insane. And quite dangerous.

It begins by comparing black people to animals.

“The Wildlife Conservation Society, formerly known as the New York Zoological Society, has operated the Bronx Zoo for well over a century.  In 1906, it placed Ota Benga, a member of the Mbuti people, on display in the Zoo’s monkey house, behind iron bars.”

“The majority at “the writ of habeas corpus is intended to protect the liberty right of human beings ,” and that habeas corpus is unavailable to Happy as a matter of law because she is “not a ‘person’ subjected to illegal detention”, though knowing full well hat the writ was vigorously used to challenge the detention of slaves when, under law, they were deemed chattel, and to challenge the detention of women and children who at that time, though not chattel property, had no legal existence,” Wilson insists.

“Finally, given what the information Happy has submitted reveals about how she experiences the world as an elephant and about her environment at the Bronx Zoo, has Happy made a prima facie showing of possible unjust confinement that grants her a full hearing to decide the merits of her habeas petition?  She has.  If we accept all of the information as true, Happy is a being abilities.  She has self with highly complex cognitive, social and emotional awareness, social needs and empathy.  She also comes from a wild, highly social species whose bodies and minds are accustomed to traversing long distances to connect with others and to find food.  Happy has established a prima facie case that her confinement at the Bronx Zoo stunts her needs in ways that cause suffering so great as to be deemed unjust.”

It’s insane and it’s thoroughly worked out. The people behind this are not about to stop.

 

 

 

 

https://www.frontpagemag.com/point/2022/06/2-new-york-court-appeals-judges-rule-elephant-has-daniel-greenfield/

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