NY Court Rules Elephant is Not Human

The leftest agenda took another hit, this time from the state of New York’s top court. The progressives in power are trying to give “personhood” to almost anything except babies in the womb. And this time, they focused on Happy the elephant that can be found in the Bronx Zoo. 

Happy is certainly intelligent, and she deserves to be loved, but according to New York’s court, she cannot be considered a person who is illegally confined in the zoo.

The decision of the state Court of Appeals was 5 to 2. It was a closely watched case because it tested the boundaries of whether or not you can apply human rights to animals. The Bronx Zoo, along with all those supporting it, warned the public that if their opponents, the Nonhuman Rights Project, scored a win, in this case, it would trigger much more legal action on behalf of animals. New cases would rise that included pets, farm animals, and other species of animals in zoos. 

Fortunately, the court’s majority got that point. 

Chief Judge Janet DiFiore wrote the decision and maintained that no one was disputing the elephant’s intelligence and that it deserved proper care and even compassion. But she said that a writ of habeas corpus was only intended to protect the liberty of human beings and it does not apply to nonhuman animals.

This decision echoes a lower court ruling. The outcome means that Happy will not be taken from the zoo and placed in a more spacious sanctuary due to a habeas corpus proceeding. This is the process you would take to challenge the illegal confinement of a person. 

The decision stated that giving this right to Happy to challenge her confinement at a zoo “would have an enormous destabilizing impact on modern society.” The court saw that if we granted legal personhood to this elephant it would affect how people interacted with animals across the spectrum. 

“Indeed, followed to its logical conclusion, such a determination would call into question the very premises underlying pet ownership, the use of service animals, and the enlistment of animals in other forms of work,” the judge’s decision said.


Zoo Says Elephant is Well Cared For

Officials at the Bronx Zoo argued that Happy is not illegally imprisoned and she is not a person. The elephant is well-cared-for and “respected as the magnificent creature she is.”

The Nonhuman Rights Project argued that Happy is a cognitively complex elephant that is both autonomous and worthy of rights given in the law to “a person.”

It is hard to believe, but two judges dissented from the majority, Judge Rowan Wilson and Judge Jenny Rivera. They wrote harsh dissents that focused on the fact that although Happy is an animal, it does not mean that she doesn’t have legal rights. The judges wrote that Happy is being held in an environment that is completely unnatural to her and keeps her from living her life. 

“Her captivity is inherently unjust and inhumane. It is an affront to a civilized society, and every day she remains a captive — a spectacle for humans — we, too, are diminished,” Rivera wrote.

This ruling cannot be appealed and the Nonhuman Rights Project has not won similar cases, one from upstate New York that focused on a chimp named Tommy. 

The founder of the Nonhuman Rights Project, Steven Wise, said that he was pleased to have persuaded some of the judges. They have more cases on the docket in other states and countries. He said that they will look at the reasons why they lost and make sure it doesn’t happen again. 

So they are hoping that it is just a matter of time before “personhood” applies to chimps, elephants, and on and on and on. 

China Takes Aim at the United States Over Taiwan

China is once again flexing its muscles globally and staring down the United States as well. Military officials in the communist nation have declared to their U.S. counterparts that the

Why Can’t Dr. Fauci Just Move On

Why isn’t Dr. Anthony Fauci already gone? He keeps popping up again and again like a whack-a-mole. This summer he announced that he would be stepping down from various government

GOP Senators Tell McConnell They’ll Only Accept Short-Term Spending Bill

Republican Senator Mike Lee of Utah and three other GOP senators delivered a letter to Republican Senate Minority Leader Mitch McConnell of Kentucky this week. In the letter, the senators

Biden Spokesman John Kirby Pressed on Pentagon’s New Findings on Afghanistan Exit: ‘Disaster’

The White House is pushing back on a bombshell report from the Department of Defense (DOD) that alleges the Chinese used the U.S.'s withdrawal from Afghanistan as propaganda to undermine

Bipartisan Breakthrough Allows Same-Sex Marriage Bill to Pass Senate 

On Tuesday, the Senate passed landmark legislation to mandate federal recognition for same-sex marriages. Congress, finishing out a lame-duck session, mustered support for a moment of bipartisanship before Congress moves

Pentagon’s Makes Stark Warning: China Will Triple Nuke Stockpile by 2035

The Defense Department's most recent congressional report said China's nuclear weapons program has passed 400 total warheads and is on track to triple that number over the next 15 years. 

Rep. Adam Schiff Doesn’t Want to Play by His Own House Rules

What a difference an election makes. The tables have turned in the House of Representatives so now those who were being hunted are hunting, and the liberals are certainly the

Massive Increase in Americans Deciding to Carry Concealed Weapons

We’ve had a majority of liberal leadership in Washington for the last two years, and more and more law-abiding gun owners are exercising their Second Amendment rights by regularly carrying

Democrats Race to Secure a Year-Long Budget Deal before Republicans take Control of the House in January

Congressional Democrats are racing to pass a year-long budget deal before the GOP takes control of the House of Representatives in January. Democrats want to get the budget deal in

High Court of Georgia Reinstates Ban on Abortions after Six Weeks

Georgia’s Supreme Court recently reinstated the state’s ban on abortion after six weeks of pregnancy, which abruptly ended access to having abortions at later stages of pregnancy, access that had

Arizona Republican Gubernatorial Kari Lake Files Lawsuit Asking Maricopa County to Provide Proof of Election Integrity

Arizona Republican gubernatorial candidate Kari Lake recently filed a lawsuit against the administration of the midterm elections in Maricopa County. Lake has cast doubts on her loss to Democrat challenger

Kim Jong-un Debuts His Daughter at Latest ICBM Test

November 18th saw Kim Jong-un set loose yet another InterContinental Ballistic Missile (ICBM) test. Yet unlike other recent tests, Kim was there to watch the launch, and this time it

McCarthy Says He Will Form Select Committee on China If Elected Speaker

Republican leader in the U.S. House of Representatives, Kevin McCarthy, said recently he would form a select committee on China if he is elected speaker of the House, accusing President

Arizona County Board Delays Certifying Election Results, Cite Uncertified Counting Machines

The board overseeing a county in a county in Southeastern Arizona recently delayed certifying the results of last week’s vote after being contacted by individuals who claimed that counting machines

Defense Secretary Lloyd Austin Oversees ‘Woke’ Training for Our Military

If you love America’s military and are proud of our history in keeping the world safe for Democracy, you are going to have a real problem with what follows. Defense

Sen. Josh Hawley Has His Mic Drop Moment with FBI Director

It hasn’t been a good week for FBI Director Christopher Wray and his whole organization. He gave testimony for the House, and Rep. Clay Higgins (R-LA) asked him a question

Massive Migrant Group Hits the Texas Border as the End of Title 42 Looms

An enormous group of illegal immigrants in the hundreds have arrived at one portion of the southern border over the weekend. Border Patrol agents face crossings totaling tens of thousands

Judge Allows Deposition of FBI Agent Against Biden Censorship

It’s hard to argue that the White House has been working to create censorship across the nation. But the Biden Administration and the FBI just took a hard hit by

FBI Director Wray: Seventy Percent of FBI’s Abortion-Related Violence Cases Have Anti-Abortion Victims Since Dobbs

The director of the Federal Bureau of Investigations (FBI), Christopher Wray, recently testified that around 70% of the bureau’s abortion-related threat or violence cases after the Dobbs v. Jackson Women’s

Texas Gov. Greg Abbott Declares an Invasion at the Southern Border

Texas Gov. Greg Abbott (R) declared an "invasion" at the chaotic southern border on Tuesday. He indicated that he would be taking "unprecedented measures ... to keep our state &

Iranian Parliament Votes for the Death Sentence Against 15,000 Protestors to Teach ‘Hard Lesson’

There have been multiple reports in the media about protests in Iran after the death of 22-year-old Mahsa Amini. She was killed after being beaten while in custody following her

GOP Takes Control of the House of Representatives

Democrats will no longer control Congress. Republicans have gained control of the House of Representatives, according to the Associated Press.  The AP is predicting Mike Garcia will win re-election in

Former President Donald Trump Announces 2024 Re-Election Bid for President

Former Republican President Donald Trump announced that he will again run for the GOP nomination for president in the 2024 election. Trump would like to return to the White House

Supreme Court Case on State Legislatures Could Open Litigation Floodgates

The Supreme Court is preparing to hear a case next month that could dramatically reshape how federal elections are conducted.  The case to be argued on December 7, Moore v.

Voters in Montana Reject Ballot Measure Requiring Medical Care for ‘Infants Who Are Born Alive’

In the recent midterm elections, Montana voters rejected the Born-Alive Infant Protection Act, which would have required medical professionals to give lifesaving medical care to newborns who were born prematurely