@suzanagartner
As a retired animal rights lawyer and advocate for animals, the recent Colorado Supreme Court ruling denying elephants legal personhood is frustrating. The court’s decision to treat elephants as property—rather than people highlights a larger issue in our legal system: it hasn’t evolved with our growing understanding of animal sentience. In my years of practice, I’ve seen firsthand how the law often treats animals like property. Take the case of Punky the dog, whose guardian fought to protect his rights, only to have him treated as an object by the law. Sadly, Punky lost his life due to an antiquated legal system. This tragic ending for one dog’s court case is the reality many animals face today—a system that fails to acknowledge their inherent worth.
The Legal Struggle: Why Elephants Deserve More
The Nonhuman Rights Project’s legal battle to free the five elderly elephants: Missy, Kimba, Lucky, LouLou, and Jambo, from a Colorado zoo, and move them to an elephant sanctuary.
They were kept confined against their will, the argument centers around habeas corpus, which protects individuals from unlawful detention. They filed a case demanding the elephants be moved to an elephant sanctuary where they could live the rest of their lives in their natural habitat freely. Although the court denied their request, there were two dissenting justices out of five, so that leaves promise for future cases and there’s hope that change is on the horizon.
This case reflects a deeply ingrained legal mindset that treats animals as property; inanimate objects for human use and to deny their basic rights. Our legal system must evolve to acknowledge animals as sentient beings deserving of freedom, respect, and protection.
The Hidden Cost of Zoos and Animal Exploitation
Zoos are businesses that make a profit. Elephants and other animals are often confined to small spaces far from their natural habitats. Their exploitation used for human entertainment is not just unethical—it’s a clear violation of their rights. By continuing to support businesses that profit from animal suffering, we are complicit in reducing these majestic creatures to mere entertainment tools. We must do better as a society and demand changes that respect life.
A Compassionate Path Forward for Elephants and Other Animals-Middle Ground
While granting legal personhood to animals is a long-term goal, we can start by advocating that their basic rights are recognized. Elephants, and other animals, deserve environments that mirror their natural habitats and provide them with the freedom they are inherently entitled to. Legal systems need to reflect this shift toward compassion and recognition of animal sentience: living beings with feelings, and emotions; complex creatures with needs and individual preferences.
While I fully support the mission of the Nonhuman Rights Project, I believe we need to approach animal rights with compassionate pragmatism. The legal system is not yet ready to treat animals as full legal persons, and shifting that paradigm overnight may not be feasible. However, we can start by advocating for a middle ground—one that acknowledges the inherent value of animals and their right to live free from suffering and exploitation, without necessarily granting them full personhood. Over time, as our moral understanding evolves, the law will catch up to reflect this.
We should not treat elephants as if they were human, but that does not mean we should ignore their needs, suffering, and rights. What if we approached the question of their captivity from a perspective that prioritizes their interests including their physical and emotional well-being? Elephants, like all creatures, should not be held captive. They deserve to live in their natural habitats, or sanctuaries where they can roam freely, socialize, and live in peace.
Perhaps we can draw inspiration from how some jurisdictions consider the well-being of people’s pets in divorce cases taking the “best interests” of the animal when making decisions about their future. A similar approach could be applied to the case of wildlife animals kept in captivity, and other animals ensuring their needs and interests are considered in legal decisions.
The laws will evolve when society demands it. My experience as an animal rights lawyer has taught me that incremental changes help and that social change begins with the will of the people. If enough of us stand up for elephants and other animals, the legal system will notice.
A Hopeful Path Forward
Though the Colorado Supreme Court’s ruling is a setback, it’s important to stay hopeful. History has shown us that outdated systems give way to progress. The fight for animal rights is far from over. Elephants, like all animals, deserve to live free from suffering. As a society, it is our moral duty to ensure their well-being is protected. A legal system that acknowledges animal sentience and the intrinsic value of all living creatures is the future we must strive for. This is not an ideal—it is a necessary step toward a more compassionate world. Elephants, and all animals, deserve it.
Change happens when the public demands it and speaks up. The legal systemwill have to shift. Elephants—and all animals—deserve a future where their well-being is recognized, protected, and respected. In the meantime, here are a few things we can do to help advocate for elephants such as the ones in question and other species.
What You Can Do to Help Elephants and Other Animals
1. Boycott businesses that exploit animals. Your choices have power. Avoid supporting zoos or other venues that profit from animal cruelty.
2. Advocate for animal rights. Speak out against the exploitation of animals like elephants. Their voices may not be heard, but yours can be.
3. Engage with your lawmakers. Reach out to politicians and support legislation that protects animal rights. Start petitions and garner public support and signatures.
4. Raise social awareness and education online. Share this message on social media to amplify the voices of those who cannot speak for themselves.
A Better Future Where Elephants and All Animals Can Thrive We need to move toward a society where animals are treated better. The laws must reflect this to evolve and protect sentient beings such as elephants, ensuring they live freely, and without suffering. My hope for the future remains optimistic. We are paving the way for a more compassionate world. By speaking up, demanding change, and supporting the ongoing efforts and work of animal protection organizations such as the Nonhuman Rights Project, we are helping to create a better world where animals are treated with dignity and respect. If you’re passionate about animal rights, check out my book, A Voice for Animals: The Social Movement that Provides Dignity and Compassion for Animals. I discuss advocating for wildlife protection and issues surrounding the treatment of wildlife with actionable steps for making a difference. We can make the shift toward a compassionate world for animals—one that acknowledges their sentience and protects them.