Hawaiʻi Supreme Court Hears Appeal Over Two Honolulu Zoo Elephants
The Hawaiʻi Supreme Court heard arguments on Nov. 9 over whether a legal procedure used to challenge unlawful detention can apply to two Asian elephants at the Honolulu Zoo. The Nonhuman Rights Project brought the case on behalf of Mari and Vaigai, seeking a hearing that could lead to their transfer to an accredited elephant sanctuary. The justices did not announce a decision at oral argument, and the hearing did not change where the elephants live.
The procedure, known as habeas corpus, lets a court examine whether someone is being lawfully held. A circuit court dismissed the petition, and Hawaiʻi’s Intermediate Court of Appeals affirmed. The appeals court concluded that the state’s habeas corpus statute replaced the older remedy developed through court decisions and that elephants do not qualify as persons under the statute.
The state Supreme Court is considering two questions: whether the statute displaced that older remedy and, if it did not, whether the remedy is available to animals such as Mari and Vaigai. The nonprofit’s lawyers argued that the elephants’ intelligence and capacity to make choices support a right to challenge their confinement. Honolulu’s lawyers opposed extending habeas corpus to the elephants and pointed to existing laws and rules that govern animal welfare. The zoo’s director told Hawaii News Now that keepers and veterinarians work to support both elephants’ physical and mental health.
Why This Matters for Animals
The immediate question is whether a court can hear a challenge to the elephants’ confinement through this procedure. A ruling allowing the petition to proceed could give the advocates an opportunity to present evidence and argue for a sanctuary transfer. It would not by itself establish that the zoo held the elephants unlawfully or order their relocation.
That distinction matters for Mari and Vaigai. The lower courts dismissed the petition on legal grounds. Whether the nonprofit can obtain the hearing it asked for now depends on the state Supreme Court’s decision. The accompanying AI-generated illustration depicts two fictional elephants in an imagined woodland.
Source: Hawaiʻi Judiciary — oral argument and case summary, SCWC-24-0000323
