Hendricks County Flyer, Avon, IN

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
  • Sunburn isn't the only sign of summer that can leave you itchy and blistered

    You've got a rash. You quickly rule out the usual suspects: You haven't been gardening or hiking or even picnicking, so it's probably not a plant irritant such as poison ivy or wild parsnip; likewise, it's probably not chiggers or ticks carrying Lyme disease; and you haven't been swimming in a pond, which can harbor the parasite that causes swimmer's itch.

    July 30, 2014

  • Survey results in legislation to battle sexual assault on campus

    Missouri U.S. Sen. Claire McCaskill joined a bipartisan group of senators Wednesday to announce legislation that aims to reduce the number of sexual assaults on college campuses.

    July 30, 2014

  • An alarming threat to airlines that no one's talking about

    It's been an abysmal year for the flying public. Planes have crashed in bad weather, disappeared over the Indian Ocean and tragically crossed paths with anti-aircraft missiles over Ukraine.

    July 30, 2014

  • Sharknado.jpg Sharknado 2 set to attack viewers tonight

    In the face of another "Sharknado" TV movie (the even-more-inane "Sharknado 2: The Second One," premiering Wednesday night on Syfy), there isn't much for a critic to say except to echo what the characters themselves so frequently scream when confronted by a great white shark spinning toward them in a funnel cloud:
    "LOOK OUT!!"

    July 30, 2014 1 Photo

  • 20140729-AMX-GIVHAN292.jpg Spanx stretches into new territory with jeans, but promised magic is elusive

    The Spanx empire of stomach-flattening, thigh-slimming, jiggle-reducing foundation garments has expanded to include what the brand promises is the mother of all body-shaping miracles: Spanx jeans.

    July 29, 2014 1 Photo

  • Medical marijuana opponents' most powerful argument is at odds with a mountain of research

    Opponents of marijuana legalization are rapidly losing the battle for hearts and minds. Simply put, the public understands that however you measure the consequences of marijuana use, the drug is significantly less harmful to users and society than tobacco or alcohol.

    July 29, 2014

  • linda-ronstadt.jpg Obama had crush on First Lady of Rock

    Linda Ronstadt remained composed as she walked up to claim her National Medal of Arts at a White House ceremony Monday afternoon.

    July 29, 2014 1 Photo

  • Can black women have it all?

    In a powerful new essay for the National Journal, my friend Michel Martin makes a compelling case for why we need to continue the having-it-all conversation.

    July 29, 2014

  • Dangerous Darkies Logo.png Redskins not the only nickname to cause a stir

    Daniel Snyder has come under fire for refusing to change the mascot of his NFL team, the Washington Redskins. The Redskins, however, are far from being the only controversial mascot in sports history.  Here is a sampling of athletic teams from all areas of the sports world that were outside the norm.

    July 28, 2014 3 Photos

  • 'Rebel' mascot rising from the dead

    Students and alumni from a Richmond, Va.-area high school are seeking to revive the school's historic mascot, a Confederate soldier known as the "Rebel Man," spurring debate about the appropriateness of public school connections to the Civil War and its icons.

    July 28, 2014

House Ads
Hendricks County Marquee
Email News Sign Up
Facebook
Twitter Updates
Follow us on twitter
Poll

Should the government continue to use military bases to house illegal immigrant children?

Yes
No
Undecided
     View Results
AP Video
Small Plane Crash in San Diego Parking Lot Busy Franco's Not Afraid of Overexposure Fighting Blocks Access to Ukraine Crash Site Dangerous Bacteria Kills One in Florida Workers Dig for Survivors After India Landslide Texas Scientists Study Ebola Virus Smartphone Powered Paper Plane Debuts at Airshow Southern Accent Reduction Class Cancelled in TN Raw: Deadly Landslide Hits Indian Village Obama Chides House GOP for Pursuing Lawsuit New Bill Aims to Curb Sexual Assault on Campus Russia Counts Cost of New US, EU Sanctions 3Doodler Bring 3-D Printing to Your Hand Six PA Cops Indicted for Robbing Drug Dealers Britain Testing Driverless Cars on Roadways
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Must Read