People for the Ethical Treatment of Animals has announced that it will file a suit in San Diego today claiming that orcas at Sea World in San Diego and Florida have been “enslaved for years and should be freed under the Constitution’s 13th amendment” according to an article in the San Diego Union Tribune.
The suit will be filed listing Corky, Kasatka, Ulises, Tilikum and Katina as plaintiffs. These are the 5 killer whales which perform at the two Sea World locations. Now lest the reader suggest that these are not “persons”, PETA’s assertion is that the 13th Amendment does not specify human beings or persons in outlawing involuntary servitude or slavery. Here’s the text of Section 1 of the Amendment:
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
This led to a rather lively discussion between my wife and me this morning as we sipped some coffee out on the balcony. If this is upheld, what about the Budweiser Clydesdales? What about circus elephants? What about sled dogs? And, what about any and all animals in zoos?
Where I think PETA got it wrong is the clause which states “…except as a punishment for crime whereof the party shall have been duly convicted…” This implies that whoever or whatever is enslaved or in involuntary servitude must be a creature which can be put on trial—a person.
Is PETA seeking a declaration of “personhood” for these orcas? If so, does that mean they’ll have to be paid, receive medical insurance, get 401ks, be able to be fired or laid off and then collect unemployment because their relationship with Sea World will then be one of employee?
Of course not, what it would mean is that Sea World would have to somehow rehabilitate the animals and release them back into the wild.
Law professor David Favre of Michigan State University predicted an early dismissal. “The court will most likely not even get to the merits of the case, and find that the plaintiffs do not have standing to file the lawsuit at all," he wrote. (ABAJournal.com)
So is PETA just whistling in the dark? Do they think they can win? I seriously doubt it. But PETA is known for a certain genius when it comes to public relations and they’re certain to get a lot of publicity out of this.
Is there some merit to considering that orcas suffer in their Sea World environment? Do we really need to “Free Willy”? These creatures are a higher order mammal and are apparently subject to depression, boredom, anger and love all emotions we more commonly attribute to humans. These 5 orcas perform pretty much the same routines day in and day out for 3 or more decades.
There is a certain human arrogance that goes along with our notion that we can master all the species “lower than us” on the evolution tree. But then again, we’re the ones who are defining that tree and are we absolutely certain that we’re right? 100% right?
Like Dr. Favre, I don’t expect this lawsuit to go anywhere. But it’ll be interesting to watch what develops.
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Comments
The way so many pet "owners" treat their dogs and cats it's not surprising that there hasn't been an "animal sufferage" movement.
I wonder just how many pets have better health insurance than the rest of us?
Im not for these mammals in captivity.. I dont think they ca win this.. but its good publicity for them.
HUGGGGGGGGG
I know, Pollyanna.
All I will say is that my only wish has always been that people investigate - really investigate - the PETAs of this world for what they truly stand for ; it takes time and discernment, but can be a real eye opener.
Rated for the day non-humans can comprehend the laws as written and applied to them and so make legitimate use of the court systems as their own representatives.