TheTimesTribune.com, Corbin, KY

Community News Network

December 12, 2013

Judges deny chimpanzees 'personhood'

Three lawsuits filed last week that attempted to achieve "legal personhood" for four chimpanzees living in New York have been struck down. The suits, brought by the animal rights group the Nonhuman Rights Project (NhRP), targeted two chimps on private property and two in a research lab at Stony Brook University in New York. They were the first step in a nationwide campaign to grant legal rights to a variety of animals.

NhRP had spent five years honing its legal strategy. It picked what it thought would be the most favorable jurisdictions and petitioned the judges with a writ of habeas corpus, which allows a person being held captive to have a say in court. Suffolk County Supreme Court Justice Gerard Asher denied the writ for the Stony Brook chimpanzees, writing in a brief decision that the animals did not qualify for habeas corpus because they were not "persons." Both chimps are used in locomotion research at the university in work that is attempting to shed light on the origin of bipedalism in humans. Asher did not meet with NhRP lawyers; he issued his decision via a court clerk.

The other judges were more accommodating. Fulton County Supreme Court Justice Joseph Sise and Niagara County Supreme Court Justice Ralph Boniello both allowed NhRP lawyers to make oral arguments in the courtroom. "As an animal lover, I appreciate your work," said Sise, who handled the case of a chimpanzee named Tommy living in cage on his owner's property in Gloversville, according to an NhRP press release. The group made "a very strong argument," Sise said, according to the release, but he did not agree that habeas corpus applied to chimpanzees. Boniello, who oversaw the case of a chimp named Kiko living on his owner's property in Niagara Falls, said he did not want to be the first "to make that leap of faith" equating chimpanzees with human beings.

NhRP Executive Director Natalie Prosin said Tuesday that her group expected this outcome. "We were pleasantly surprised at how respectful the judges were, specifically the two that allowed us to have oral hearings," she says. "We were thrilled to be able to do that. Now we have something on record that we can take to appeals court." She says her group is now preparing those appeals, which she hopes will be heard in about a year.

Richard Cupp, a law professor at Pepperdine University in California, and a proponent of focusing on animal welfare rather than animal rights, was also not shocked by the outcome. "Animals are not persons, but that does not mean that abusing them is acceptable," he writes in an email. "Both humans and animals would be best served by placing a strong emphasis on human responsibility for humane treatment of animals rather than creating an artificial construct of animal personhood."

Before NhRP filed its lawsuits last week it had already planned to file similar suits in other states. It had also planned to target animals beyond chimpanzees, including whales, dolphins and elephants. Prosin says that is still the plan. "I don't see it changing our nationwide strategy," she says. "We're very motivated by what has happened. We're itching to get going with other lawsuits."

1
Text Only
Community News Network
Front page
NDN Video
Justin Bieber In Calvin Klein Underwear Shoot Samsung Pre-Trolls The IPhone 6 With New Ad Jimmy Kimmel Introduces His Baby Girl Swim Daily, Nina Agdal in the Cook Islands Guilty Dog Apologizes to Baby for Stealing Her Toy Prince George Turns 1 and is Already a Trendsetter Train Collides With Semi Truck Carrying Lighter Fluid Kanye West Tells-All on Wedding in "GQ" Interview Tony Dungy Weighs in on Michael Sam Scarlett Johansson Set To Marry In August New Star Wars Episode XII X-Wing Revealed Obama: Putin must push separatists to aid MH17 probe Michigan inmates no longer allowed to wear orange due to 'OITNB' Adam Levine Ties the Knot Sebastian The Ibis Walks Beautiful Bride Down The Aisle | ACC Must See Moment NASA Ceremony Honors Moon Walker Neil Armstrong Faces of Souls Lost in Malaysian Plane Crash 105-year-old woman throws first pitch Man Creates Spreadsheet of Wife's Reasons for Turning Down Sex 'Weird Al' Is Wowed by Album's Success
AP Video
Judge Ponders Overturning Colo. Gay Marriage Ban Airlines Halt Travel to Israel Amid Violence NYPD Chief Calls for 'use of Force' Retraining VA Nominee McDonald Goes Before Congress Bush: Don't Worry, Sugarland Isn't Breaking Up US Official: Most Migrant Children to Be Removed Police Probing Brooklyn Bridge Flag Switch CDC Head Concerned About a Post-antibiotic Era Raw: First Lady Says `Drink Up' More Water Courts Conflicted Over Healthcare Law Holder Urges Bipartisanship on Immigration Raw: Truck, Train Crash Leads to Fireball US Airlines Cancel Israel Flights Obama Signs Workforce Training Law Crash Victims' Remains Reach Ukraine-held City Diplomatic Push Intensifies to End War in Gaza Cat Fans Lap Up Feline Film Festival Michigan Plant's Goal: Flower and Die Veteran Creates Job During High Unemployment
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Twitter Updates
Follow us on twitter
Facebook