Rights for Killer Whales Denied - Updated




(San Diego, California) A federal judge dismissed the PETA lawsuit seeking constitutional protection for orcas.

U.S. District Judge Jeffrey Miller stopped the case from proceeding two days after he became the first judge in U.S. history to listen to arguments in court over the possibility of granting constitutional rights for members of an animal species.

“As ‘slavery’ and ‘involuntary servitude’ are uniquely human activities, as those terms have been historically and contemporaneously applied, there is simply no basis to construe the Thirteenth Amendment as applying to non-humans,” Miller wrote in his ruling.

A PETA spokesman said the organization will continue to work to free the killer whales from slavery.

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Constitutional Rights for Killer Whales?
[Previous 12/28/11 post]
(San Diego, California) Five orcas at SeaWorld San Diego are plaintiffs in a lawsuit filed in U.S. District Court by the People for the Ethical Treatment of Animals (PETA) claiming violation of the 13th Amendment ban on slavery.

Jeff Kerr, PETA's general counsel, says his five-member legal team -- which spent 18 months preparing the case -- believes it's the first federal court suit seeking constitutional rights for members of an animal species.

The PETA lawyers seek release of the killer whales to the custody of a legal guardian who would be instructed to find a habitat for them.

This case should be thrown out of court.