Constitutional rights of killer whales

An animal welfare organisation has begun proceedings against SeaWorld alleging that five killer whales have been enslaved by the marine park in violation of their constitutional rights.  Lawyers instructed by People for the Ethical Treatment of Animals (PETA) are seeking a declaration that forcing the whales to perform for the public is an infringement of the 13th Amendment to the constitution that prohibits slavery in the USA.  SeaWorld’s argument is that the constitution applies only to human beings.

Following a hearing in San Diego that lasted one hour the judge indicated that he would at a later date make a decision on SeaWorld’s application for the claim to be dismissed on the ground that animals could not be claimants.

If the court decides that an animal is entitled to be represented in a claim, it will undoubtedly have far-reaching implications, with claims being made against zoos and possibly even the police and the armed forces.  What would Rin Tin Tin have made of it?

David Whitney, Solicitor, Commercial Disputes

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