In a landmark decision, the Colorado Supreme Court has ruled that elephants are not considered people and therefore do not have the same liberty rights as humans. This ruling follows a habeas corpus claim filed by the Nonhuman Rights Project (NRP) on behalf of five elderly African elephants—Missy, Kimba, Lucky, LouLou, and Jambo—arguing that they were effectively imprisoned at the Cheyenne Mountain Zoo. The NRP sought to move the elephants to a suitable sanctuary, citing their emotional complexity and intelligence as reasons for their right to freedom.

However, the court ruled 6-0 in favor of a previous district court decision, stating that the state's habeas corpus process only applies to persons and not to nonhuman animals. Justice Maria Berkenkotter noted that the elephants' cognitive, psychological, and social sophistication did not confer personhood upon them. While the court acknowledged the elephants' majesty, it ultimately determined that they did not possess the same rights as humans.

This decision has sparked considerable debate, with the NRP condemning the ruling as a "clear injustice" that perpetuates the suffering of the elephants. The group claimed that the elephants exhibited signs of trauma, brain damage, and chronic stress due to their confinement at the zoo. In contrast, Cheyenne Mountain Zoo welcomed the decision, describing the NRP's lawsuit as "frivolous" and accusing the organization of misusing the court system to fundraise.

This is not the first time the NRP has been unsuccessful in its efforts to secure personhood rights for animals. A similar case involving an elephant named Happy at New York's Bronx Zoo was rejected in 2022. The NRP has vowed to continue its fight, stating that early setbacks are expected in challenging the status quo.