Happy the elephant has lived at the Bronx Zoo for 45 years, but the New York State Court of Appeals will now decide if she is a person.
The group said that in 2005, Happy became the first elephant to pass a self-awareness indicator test, repeatedly touching a white"X" on her forehead as she looked into a large mirror.
"If there's going to entirely be a rewrite and a granting to animals of rights that they never had before, shouldn't that be done by the Legislature?" Kenneth Manning, an attorney for zoo operator Wildlife Conservation Society, asked the judges. Happy now lives in an enclosure adjacent to the zoo's other elephant, Patty. The zoo's attorney argued in court filings that Happy can swim, forage and engage in other behavior natural for elephants.
NRP's attorneys say no matter how Happy is being treated at the zoo, her right to"bodily liberty" is being violated. They argue that if the court recognizes Happy's right to that liberty under habeas corpus, she will be a"person" for that purpose. And then she must be released.
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