Do whales have civil rights?
When it comes to the constitutional amendment banning slavery, PETA argues that orcas are people, too
Chalk up another PR coup for People for the Ethical Treatment of Animals. The animal rights group is grabbing headlines once again — this time with a lawsuit naming five killer whales as plaintiffs, and arguing that the marine mammals deserve the same constitutional protection from "slavery" as people. Are whales really entitled to human rights? Here, a brief guide to this unusual civil rights case:
Who are PETA and the whales suing?
SeaWorld. The whales named in the lawsuit — Tilikum, Katina, Corky, Kasatka, and Ulises — perform at SeaWorld's Orlando and San Diego locations. PETA says that by keeping orcas in captivity, the marine park is violating the U.S. Constitution's 13th Amendment, which abolished slavery and involuntary servitude.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
What does SeaWorld say?
Basically, that this is crazy. SeaWorld's attorney, Theodore Shaw, says if PETA were to prevail in what he says is a frivolous lawsuit, the ruling could be used to ruin other marine parks, zoos, and pet businesses. It could even be used to go after pet owners, or even police who use sniffer dogs to detect bombs and drugs. "We're talking about hell unleashed," Shaw says.
Does PETA have a case?
SeaWorld has asked a federal judge to dismiss the case. U.S. District Judge Jeffrey Miller held a one-hour hearing Monday to consider whether the lawsuit — filed by PETA, three marine-mammal experts, and two former SeaWorld trainers — should go any further. Jeffrey Kerr, the lawyer representing the five whales, says even that was a victory. "For the first time in our nation's history," Kerr says, "a federal court heard arguments as to whether living, breathing, feeling beings have rights and can be enslaved simply because they happen to not have been born human." Miller says he'll issue a ruling soon.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Will the judge buy it?
Probably not. During the hearing, Miller told Kerr that he couldn't find a legal precedent for letting humans file a lawsuit on behalf of the whales. The judge also suggested he didn't agree with PETA's argument that SeaWorld is being "hysterical" by saying the case, if successful, could lead to a barrage of lawsuits on behalf of pets and police dogs. "Call me hysterical," Judge Miller said, "but that's one of the first places I went in my thinking about this case."
Sources: BBC News, LA Times, Telegraph
Create an account with the same email registered to your subscription to unlock access.
-
Duchess of Gloucester: the hard-working royal you've never heard of
Under The Radar Outer royal 'never expected' to do duties but has stepped up to the plate
By Chas Newkey-Burden, The Week UK Published
-
Are 'judge shopping' rules a blow to Republicans?
Today's Big Question How the abortion pill case got to the Supreme Court
By Joel Mathis, The Week US Published
-
Climate change is driving Indian women to choose sterilization
under the radar Faced with losing their jobs, they are making a life-altering decision
By Theara Coleman, The Week US Published
-
Trump, billions richer, is selling Bibles
Speed Read The former president is hawking a $60 "God Bless the USA Bible"
By Peter Weber, The Week US Published
-
The debate about Biden's age and mental fitness
In Depth Some critics argue Biden is too old to run again. Does the argument have merit?
By Grayson Quay Published
-
How would a second Trump presidency affect Britain?
Today's Big Question Re-election of Republican frontrunner could threaten UK security, warns former head of secret service
By Harriet Marsden, The Week UK Published
-
'Rwanda plan is less a deterrent and more a bluff'
Instant Opinion Opinion, comment and editorials of the day
By The Week UK Published
-
Henry Kissinger dies aged 100: a complicated legacy?
Talking Point Top US diplomat and Nobel Peace Prize winner remembered as both foreign policy genius and war criminal
By Harriet Marsden, The Week UK Last updated
-
Trump’s rhetoric: a shift to 'straight-up Nazi talk'
Why everyone's talking about Would-be president's sinister language is backed by an incendiary policy agenda, say commentators
By The Week UK Published
-
More covfefe: is the world ready for a second Donald Trump presidency?
Today's Big Question Republican's re-election would be a 'nightmare' scenario for Europe, Ukraine and the West
By Sorcha Bradley, The Week UK Published
-
Xi-Biden meeting: what's in it for both leaders?
Today's Big Question Two superpowers seek to stabilise relations amid global turmoil but core issues of security, trade and Taiwan remain
By Harriet Marsden, The Week UK Published