|
Speak Out
Do animals have constitutional rights?
By John Vettese, Student Voices staff writer
When the Civil War ended in 1865, the reunified Congress passed a series of constitutional amendments that established equal rights for all citizens, regardless of race.
Most urgent among these was the 13th Amendment, which outlawed slavery.
At the time it was written, the amendment specifically referred to the slavery of African Americans, particularly as kept by Southern plantation owners. But Congress used broad language so that the law could apply to slaves of any ethnicity or race.
But does the 13th Amendment extend beyond the human race?
The popular San Diego aquatic park Sea World has found itself the target of an unusual lawsuit this fall, filed by the animal-rights organization People for the Ethical Treatment of Animals (PETA) on behalf of five orcas (commonly referred to as killer whales). The suit alleges that Tilikum, Katina, Corky, Kasatka and Ulises – attractions at the San Diego and Orlando, Fla., locations of Sea World – are involuntarily and unconstitutionally kept as slaves.
PETA president Ingrid Newkirk said in a statement, “All five of these orcas were violently seized from the ocean and taken from their families as babies. They are denied freedom and everything else that is natural and important to them while kept in small concrete tanks and reduced to performing stupid tricks.”
Confronted with the question of whether the 13th Amendment applies to animals, PETA lawyer Jeff Kerr pointed out that the broad language that Congress used – the language that kept it from applying just to African American citizens – does not define slaves as exclusively human.
The amendment reads:
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Kerr calls the lawsuit groundbreaking, and legitimate. Others say it’s frivolous and offensive.
“The 13th Amendment abolished the abhorrent, despicable practice of the slavery of human beings,” David Steinberg, a professor at the Thomas Jefferson School of Law in San Diego, told Reuters. “PETA is demeaning the integrity and humanity of people who were owned as slaves. That is outrageous.”
What do you think?
Do animals have constitutional rights? Does the 13th Amendment protection against slavery apply to whales at Sea World? Or is it implied that the law refers only to humans? Do you think the lawsuit is demeaning? Join the discussion!
|
Join the Discussion
|
|
Related News
|
Related Resources
|
Share
|
|