Happy the Elephant Isn't a Person, Top New York Court Rules

The decision by the state Court of Appeals affirms an earlier court decision and means Happy will not be released through a habeas corpus proceeding, which is a way for people to challenge illegal confinementNew York's top court on Tuesday rejected an effort to free Happy the elephant from the Bronx Zoo, ruling that she does not meet the definition of “person” who is being illegally confined.

The 5-2 decision by the state Court of Appeals affirms an earlier court decision and means Happy will not be released through a habeas corpus proceeding, which is a way for people to challenge illegal confinement. The majority decision written by Chief Judge Janet DiFiore said that “while no one disputes that elephants are intelligent beings deserving of proper care and compassion,” a writ of habeas corpus is intended to protect the liberty of human beings and does not apply to a nonhuman animal like Happy.

The case had been closely watched by animal rights activists and industries that depend on animals. The zoo and its supporters warned that a win for advocates at the Nonhuman Rights Project could open the door to more legal actions on behalf of animals, including pets and other species in zoos. Stay informed during the severe weather season with our local news and weather app. Get the NBC 5 Chicago app for

Give them enough money and a lawyer will not only claim Happy is a human, but that Happy is transitioning into a hummingbird, so we'll need feeders capable of weights up to 4,000 pounds, and if we question that, we're Nazis.

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