As the debate around animal rights intensifies, a prominent voice in the legal arena is pushing boundaries by proposing the concept of "legal personhood" for animals. Animal rights lawyers, including Justin Marceau, the Brooks Institute Faculty Research Scholar of Animal Law and Policy at the Sturm College of Law, are at the forefront of this discussion. In an article published by the University of Denver, Marceau made a case that while the notion may seem extreme, granting legal personhood to animals such as dogs and elephants is fundamentally about treating them with the basic decency they deserve.
Marceau, as per the University of Denver, clarified that activists are not aiming to have animals voting in elections but are arguing for the recognition of their rights and well-being. "They're just saying, with [legal personhood] comes certain obligations to treat them in a way that respects their rights and ability," he noted. In contrast to corporations, who have historically been granted legal personhood, animals have generally been excluded from such status, a situation Marceau, and his peers, seek to challenge.
The notion of legal personhood for animals took center stage in a recent court battle in Colorado, where an attempt by an animal rights group to move five elephants from the Cheyenne Mountain Zoo to a sanctuary was denied. According to the University of Denver, the Colorado Supreme Court ruled that habeas corpus, a legal framework traditionally used to question the validity of a person's detention, does not apply to "nonhuman animals." Despite the setback, this case encapsulates the core argument that certain intelligent animals should be viewed as legal persons, especially when there's substantial scientific evidence of their autonomy and self-awareness.
While some may assume that our closest animal companions, such as dogs and cats are adequately protected under existing laws, the truth is more nuanced. The Preventing Animal Cruelty and Torture (PACT) Act of 2019 criminalizes extreme forms of animal abuse, however, not all species receive the same consideration. Marceau points out, as noted by the University of Denver, that while domesticated animals like pet pigs are protected, wild pigs can be legally hunted. State-level laws often make exceptions, you could take an animal like a pig. A pig could be a pet, and if you were raising a pig, you would be fully required to follow all the laws just as though she was your dog, Marceau elucidated. Unfortunately, livestock practices may differ drastically, as some animals are treated in ways that are deemed standard, albeit cruel practices by the industry.
The conversation has recently taken a more tangible turn with the 16th Circuit court in Wisconsin appointing a special prosecutor to handle alleged animal cruelty at a local dog breeding facility, as reported by the University of Denver. Marceau's involvement through Sturm's Animal Activist Legal Defense Project (AALDP) underscores his commitment to advocating for animal rights beyond mere companion affection. His work indicates an interconnectedness between the rights of animals and humans, suggesting that overlooking the former could impede the pursuit of justice for the latter.
