NY's top court ruled it will hear a case about freeing 'imprisoned' Happy the elephant from the Bronx Zoo, marking a first for a nonhuman animal

• An animal rights group has brought a habeas corpus case on behalf of an Asian elephant.
• The group says Happy has been "imprisoned" at the Bronx Zoo for decades and should be moved to a sanctuary.
• The New York State Court of Appeals said it would hear the case after many dismissals in lower courts.

New York's top court said Tuesday it would hear a case brought on by animal welfare activists over Happy, an elephant who they say has been "imprisoned at the Bronx Zoo for over four decades."

"This marks the first time in history that the highest court of any English-speaking jurisdiction will hear a habeas corpus case brought on behalf of someone other than a human being," the Nonhuman Rights Project said in response to the news.

Habeas corpus, translated from Latin, means "show me the body," and typically relates to cases of unlawful imprisonment, though usually of a human person.

The Nonhuman Rights Project, which first brought Happy on as their client in 2018, says they are "seeking recognition of her fundamental right to bodily liberty." They say she should be granted a writ of habeas corpus and transferred to an elephant sanctuary. They have also gathered more than 1 million signatures on a petition demanding her release.

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Happy, a female Asian elephant, was brought to the zoo in the 1970s along with another elephant, Grumpy, who lived with her for 25 years, according to The New York Times. After her longtime companion died in 2002, Happy has mostly lived alone since. In 2006, Happy became the first elephant to demonstrate self-recognition, when a study found she was able to recognize herself in a mirror, joining the ranks of humans, chimpanzees, and dolphins, NPR reported at the time.

The New York State Court of Appeals agreed to hear Happy's case after more than two dozen New York judges in lower courts had dismissed it, according to a statement from the Bronx Zoo.

In December, an Appellate Division of the State Supreme Court rejected the case in a unanimous decision, rejecting the characterization of Happy as a "person."

"A judicial determination that species other than homo sapiens are 'persons' for some juridical purposes, and therefore have certain rights, would lead to a labyrinth of questions that common-law processes are ill-equipped to answer," the opinion said, adding the decision is "better suited to the legislative process."

The Bronx Zoo has celebrated the past rejections of the case and has accused the Nonhuman Rights Project of "erroneous arguments," spreading false information, and exploiting Happy for their activism.

"Happy is not kept in isolation; Happy is not languishing; Happy is not kept indoors for half the year," the zoo said. "In essence, the lawsuit was never about what was best for Happy but has been a vehicle used by NhRP to generate funds to advance its philosophical cause."

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