But the most dramatic shift is happening in the courtroom. In 2023, a U.S. judge heard arguments in Happy the Elephant’s case . Happy, a 51-year-old Asian elephant at the Bronx Zoo, was petitioned for release to a sanctuary based on habeas corpus—the legal right not to be unlawfully detained.
“The fight for animal rights is not separate from human rights,” says Maria Flores, a Philippine-born activist. “The same systems that exploit animals—cheap labor, deregulated industry, violence—often exploit the most vulnerable humans too.” The road ahead is uncertain but hopeful. Spain has granted legal personhood to the Mar Menor lagoon, a move that could protect its dolphins and sea turtles. Chile is drafting a new constitution that includes animal rights. And in the U.S., the Better Chicken Commitment , a corporate pledge to improve poultry welfare, has been adopted by over 200 companies, including McDonald’s and Subway.
As the late legal scholar Gary Francione once wrote: “The question is not, ‘Can they reason?’ nor, ‘Can they talk?’ but, ‘Can they suffer?’” japanbestiality
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And now that we know the answer, silence is no longer an option. But the most dramatic shift is happening in the courtroom
“We used to ask, ‘Are they conscious?’” says Cambridge neuroscientist Dr. Lori Santos. “Now we ask, ‘How conscious are they?’ The evidence is overwhelming: many species feel joy, grief, fear, and anticipation. Denying them rights based on a lack of human-like language is like denying the rights of a human infant.” Two industries face the greatest pressure: agriculture and research.
The court ultimately ruled against Happy, but the dissenting opinion made history: “The question is not whether Happy is a person, but whether she is a being with rights.” The legal shifts are backed by hard science. For decades, researchers avoided the question of animal consciousness. No longer. Happy, a 51-year-old Asian elephant at the Bronx
“Welfare is about minimizing suffering within a system that still treats animals as property,” says Dr. Arjun Mehta, an animal law expert at Columbia University. “Rights, on the other hand, say that animals are not things. They are sentient beings.”