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We the... Animals? The Push to Give Fido Constitutional Rights

Posted: 02/17/2012 7:41 pm

On February 8, U.S. District Judge Jeffrey Miller dropped his gavel and declared whales are not entitled to constitutional protection against slavery. This ruling came in response to a lawsuit filed last October by five orcas currently being "held in slavery and involuntary servitude" at SeaWorld. The plaintiffs, Tilikum, Katina, Kasatka, Corky and Ulises, apparently feel they "were forcibly taken from their families and natural habitats... held captive... and forced to perform, all for Defendants' profit." Using PETA-sponsored legal representation as their collective blowhole, this pod of orcas demanded to be released to more suitable habitats.

Jeffrey Kerr, general counsel to PETA, argued the 13th Amendment should prohibit slavery against orcas. "Slavery is slavery," he said, "and it does not depend on the species of the slave any more than it depends on gender, race or religion." Kerr attempted to circumnavigate the issue posed by the famous phrase "We the people" by reminding the Court of his client's ability to problem-solve, communicate and form complex communities.

SeaWorld dismissed the lawsuit as a publicity stunt, but I think Kerr and his legal team are deliberately paving the way to all animals having constitutional rights. Kerr states, "for the first time in our nation's history, 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." It seems only potted plants are excluded from the scope of Kerr's sweeping statements.

Given PETAs colorful history of publicity stunts, perhaps Kerr's statements are just another attempt to commandeer the media spotlight. But how should similar stances by university academics be regarded? For example,

· Rutgers University law professor, Gary Francione, believes "animals deserve the fundamental right to not be treated as property."

· Michigan State University law professor, David Favre, has proposed "a new legal category called living property as a step toward providing rights for some animals."

· Harvard law professor, Laurence Tribe, has written "the 13th Amendment could legitimately be applied to animals."

I love animals as much as anybody but do not want to live in a country where:

· Omelets have a right to life
· Bacon has the right to vote
· Cats have the right to consider neutering an elective procedure
· Dairy cows have the right to free press
· Pit Bulls have the right of peaceful assembly

 
On February 8, U.S. District Judge Jeffrey Miller dropped his gavel and declared whales are not entitled to constitutional protection against slavery. This ruling came in response to a lawsuit filed l...
On February 8, U.S. District Judge Jeffrey Miller dropped his gavel and declared whales are not entitled to constitutional protection against slavery. This ruling came in response to a lawsuit filed l...
 
 
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KeepLeft
This is not my self.
11:03 AM on 02/21/2012
A related side note:

The Wisconsin judge who recently ruled that we have no right to own a cow or drink its milk resigned to join one of Monsanto’s law firms.

Judge Fiedler ruled that humans:

“Do not have a fundamental right to own and use a dairy cow or a dairy herd;”
“Do not have a fundamental right to consume the milk from their own cow;”
“Do not have a fundamental right to board their cow at the farm of a farmer;”
“Do not have a fundamental right to produce and consume the foods of their choice;” and
Cannot enter into private contracts without State police power intervention.

His decision was rendered on Sept. 9 and he stepped down from the bench on Sept. 30to work for Axley Brynelson, LLP, which defended Monsanto against a patent infringement case filed by Australian firm, Genetic Technologies, Ltd. (GTL) in early 2010.
09:08 PM on 02/21/2012
Makes me think the dairy cow PACs in Wisconsin are gaining way too much influence.
06:02 PM on 02/20/2012
This is part of a plan by animal rights believers to ban animal testing which saves human lives, eating meat, etc. This will lead to a devaluation of human life and is a violation of human rights. The belief in animal rights is a form a animal worship. As an environmentalist I claim that all life should be treated with respect, not just animals. Animal rights believers are as destructive of the planet earth as are coal companies.
09:13 PM on 02/21/2012
Do you really think PETA's ultimate agenda is to have monkeys in the pulpit? Sounds like a stretch.
11:53 PM on 02/21/2012
No. But they, effectively, worship animals.
See my You Tube video "An Animal Liberation Church Service" It should illustrate what I mean.
05:48 PM on 02/20/2012
This is another attempt by PETA to devalue human life by giving rights to animals. This part of a plan by animal rights believers to stop animal testing, which saves human lives, ban the consumption of meat, etc. The belief in animal rights is a form of animal worship.
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Micheal Johnson
03:21 PM on 02/20/2012
An alien space ship arrives on earth and sends out a scout. He reports back that there are two sentient beings, one two legged, one four legged. Who's in charge, he's asked? The four legged he replies. Why? The two legged follows on a leach and picks up the four legged's poop. So there.
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artleads
Let's have a national retreat.
10:51 AM on 02/20/2012
It's taking a long time to shed light on the absurd cruelty of Sea World. That place needs to be closed down ASAP. A slave plantation, a concentration camp for animals, whatever it should be termed.
10:50 PM on 02/20/2012
If you ever start wondering why nobody takes you seriously just refer back to your own comments.
09:17 PM on 02/21/2012
artleads, I appreciate your passion, but don't you think it is demeaning to certain folks to compare a big fish aquarium to slave plantations and concentration camps?
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artleads
Let's have a national retreat.
01:25 AM on 02/22/2012
Demeaning to whom? I wrote an essay on the subject of Sea World 30 years ago, and I'm surprised, a) that nothing has happened since to make me see the institution as anything but cruel and insensitive, and b) that there has not been more of a public movement to shut down such places in all this time. If animals are to be institutionalized, or confined for the benefit of human understanding, those animals should be ones who can no longer survive in the wild. And the humans would need to be trained to be compassionate and respectful around them. Keeping viable wild animals in such conditions is heartless in the extreme.
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aligatorhardt
Cut on the bias
10:02 AM on 02/20/2012
This author seems to prefer to make imaginary leaps instead of addressing the question at hand. The case was whether whales should be free from slavery, not whether bacon has a right to vote. Such dishonesty immediately disqualifies the author of consideration. Anyone who makes up lies instead of entering into a debate for the sake of discovering truth, is a waste of time. It is quite clear that the people of this country have agreed to outlaw many forms of animal abuse, and many court cases are conducted on those laws. This author tries to falsify the case in order to trick people into taking a position that they would not take if the true case was presented.
  Anytime the argument is presented as " leading to" or "designed to set a president" the speaker is using a false comparison to an imagined event to distract the listener from the actual argument. Such blatant dishonesty is unforgivable.
  Another point I would like to make is that one judge should never have the ability to dictate the extent of legal challenge to an entire country. No one person deserves that kind of power. A system that allows that is one that is designed to ensure corruption.
   Finally, lets us consider the actual case at hand. This is about the ability to confine, torture, and destroy the lives of creatures that may very well be as intelligent as humans. This is a question of our very humanity, and whether the greed of an individual to exploit is more important to our society than the right of life itself. This case deserves a real consideration, not swept under a rug of lies.
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HUFFPOST SUPER USER
darttabb
Alcohol, Tobacco, & Firearms. Where's the chips?
01:45 AM on 02/21/2012
Bring on that probe from Star Trek IV. It'll show those humans!

It only takes one judge to recognize abject stupidity, but feel free to continue to let your imagination run wild. It makes it interesting to read such comments to an author whose name is followed by "humorist".
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aligatorhardt
Cut on the bias
09:43 AM on 02/21/2012
It only takes one bribe to cloud the objectivity of a judge.
10:36 AM on 02/19/2012
As the possessor of an opposable thumb, I have dominion over all animals. It's all about the thumb people, if a dolphin wants to write up a petition and send it into the courts himself he can bloody well get out of his concrete enclosure at Sea World, go buy and pen and paper, and write it!
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aligatorhardt
Cut on the bias
10:05 AM on 02/20/2012
According to those rules, you would be able to possess and confine one of the leading scientific minds of our time, Steven Hawkings, or any other being unable to perform the act of writing.
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mhh310351
Roosevelt Democrat
07:27 PM on 03/13/2012
Wasn't Steven Hawkings in his 20's before he was struck by ALS?

PETA equated African Americans to animals - are you equating the disabled to animals?
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DrugSniffingCat
04:37 PM on 02/18/2012
It's not about giving animals the right to vote, its about creating an environment where gross injustices of cruelty or neglect do not happen. (Or are punished appropriately)
02:12 AM on 02/19/2012
So DrugSniffingCat, How can we as a society end cruelty and neglect on all animals, but I can still get my triple cheese burger? I am open to for suggestions.
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aligatorhardt
Cut on the bias
10:06 AM on 02/20/2012
Again with the dishonest comparison. Why do you refuse to answer the question at hand?
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intolleft
ObamaTAX...getting you shovel ready
08:15 AM on 02/18/2012
"when I was your age, no dog could vote" -- Jerry Seinfeld (pre superstar)
02:17 AM on 02/19/2012
when I was your age, dogs hunted, now they are heel hounds!
07:55 AM on 02/18/2012
“Humans — who enslave, castrate, experiment on, and fillet other animals — have had an understandable penchant for pretending animals do not feel pain. A sharp distinction between humans and 'animals' is essential if we are to bend them to our will, make them work for us, wear them, eat them — without any disquieting tinges of guilt or regret. It is unseemly of us, who often behave so unfeelingly toward other animals, to contend that only humans can suffer. The behavior of other animals renders such pretensions specious. They are just too much like us.”
[Carl Sagan]

----'¿'----

Kilroy was here!
02:20 AM on 02/19/2012
enslave, castrate, experiment on and fillet? Sounds like a fish fry. I am hungry,
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aligatorhardt
Cut on the bias
10:09 AM on 02/20/2012
Here is the petition that started this case. CetaceanRights.org
09:32 PM on 02/21/2012
Aligatorhardt - The head PETA attorney in this case said "Slavery is slavery, and it does not depend on the species of the slave any more than it depends on gender, race or religion." This makes me think he wouldn't stop at Cetaceans. Do we include chimps, then police dogs. Where does it stop if species don't matter?!