Two elephants currently living at the Honolulu Zoo are at the center of a high-stakes legal battle over whether they possess a fundamental right to “liberty,” according to arguments presented to the Hawaii Supreme Court on Monday.
The Nonhuman Rights Project is seeking to have Mari, 51, and Vaigai, 41, relocated from their current environment to an accredited sanctuary. The legal push seeks to use a writ of habeas corpus—a procedure typically used to challenge the unlawful detention of a person—to argue that the elephants’ confinement is illegal under Hawaii’s common law, blooloop reported.
The case reached the state’s highest court during a “Courts in the Community” program held at Punahou School. An auditorium filled with roughly 450 students and teachers from various local schools, including Kamehameha Schools and McKinley High School, watched as the legal arguments unfolded, staradvertiser.com reported.
The argument for autonomy
The Nonhuman Rights Project contends that elephants are not merely animals under the law, but autonomous beings with complex cognitive and social lives. Attorney Jake Davis, representing the organization, argued that these animals possess self-awareness, long-term memory, and the ability to solve complex problems.
Davis suggested that the legal definition of a “person” should be viewed as a jurisdictional classification rather than a purely biological one. He said that legal entities like corporations hold rights without being human, and argued that the ability to seek liberty through habeas corpus should extend to entities that demonstrate such autonomy.
“Common law evolves, it is responsive to the times,” Davis argued. “It changes as society changes.”
The petition also highlights concerns regarding the elephants’ current living conditions. The group alleges that their 1.5-acre habitat at the Honolulu Zoo restricts their autonomy and lacks sufficient shade and enrichment activities, blooloop reported.
Honolulu officials oppose granting legal rights to animals
The City and County of Honolulu is actively opposing the petition. Patricia Sendao, a deputy corporation counsel for the city, argued that the request represents a “sweeping pronouncement” that would fundamentally change existing laws regarding animal welfare, according to the staradvertiser.com report.
Sendao further maintained that there is no established court precedent for granting legal rights to animals. She suggested that if such a significant shift in the law were to occur, the decision should be made by the state Legislature rather than the judiciary.
The Hawaii Supreme Court faces a difficult task in navigating these arguments, as previous attempts to secure similar rights for animals have faced significant hurdles in other states. The legal history of these specific types of petitions includes several notable outcomes:
| Year | Location | Subject | Court Outcome |
|---|---|---|---|
| 2022 | New York | Happy (elephant) | Court ruled the elephant was not a legal person |
| 2025 | Colorado | Five elephants | Court ruled they did not have the right to release |
| 2024 | Hawaii | Mari and Vaigai | Circuit court dismissed the initial petition |
While the Nonhuman Rights Project first filed its petition in 2023, the case was dismissed by a circuit court in 2024. The Hawaii Intermediate Court of Appeals later upheld that dismissal, finding that elephants do not qualify as “persons” under the state’s habeas corpus statute, blooloop reported.
The Hawaii Supreme Court is hearing arguments today on whether Honolulu Zoo elephants Mari and Vaigai have legal rights to bodily autonomy. More: https://t.co/QES0qFc5PZ #StarAdvertiser #HInews
When asked by justices if recognizing the rights of these two elephants would create a “slippery slope” for other species, Davis said that the case should be evaluated based on the specific cognitive capacities of elephants. However, he admitted he could not provide a definitive framework for how the court might evaluate other species for similar petitions.
The Hawaii Supreme Court has not yet indicated when it will issue an opinion on the matter.
More on Honolulu Zoo
The Hawaii Supreme Court heard arguments Monday over whether the Honolulu Zoo’s elephants have the human right against illegal incarceration. The case is part of a national movement to give elephants rights similar to those of people when it comes to their confinement. pic.twitter.com/TozFB4LwVs
The Hawaii Supreme Court heard oral arguments Monday for a lawsuit demanding the release of the Honolulu Zoo’s two elephants. Details: https://t.co/b9XjcvKtWh #KHON2 | #WorkingForHawaii pic.twitter.com/1hItI5U2u0
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