Are SeaWorld's Orcas Illegal Slaves?

A federal court in San Diego, California, is to decide for the first time in US history whether amusement park animals are protected by the same constitutional rights as humans.

The issue arises from a lawsuit filed in October 2011 by People for the Ethical Treatment of Animals (PETA) against SeaWorld on behalf of five orcas named Tilikum, Katina, Corky, Kasatka and Ulises. Three perform at SeaWorld San Diego and two at Seaworld Orlando.

Orcas Protected Under the 13th Amendment?

The suit asked that the court declare that the orcas are “held in slavery and/or involuntary servitude by defendants in violation of the Thirteenth Amendment to the United States Constitution.” And that, therefore, they should be freed.

After the hour-long hearing last Monday, District Judge Jeffrey Miller said he will study SeaWorld’s request to have the PETA lawsuit dismissed. He said he will issue his ruling soon but did not give a deadline.

From Breitbart:

“It’s a new frontier in civil rights,” said Jeff Kerr, PETA general counsel, who described the hearing as a “historic day.”

“Slavery does not depend on the species of the slave any more than it depends on race, gender or ethnicity,” he argued. “Coercion, degradation and subjugation characterize slavery and these orcas have endured all three.”

(…)

The complaint demands that the court “appoint a legal guardian to effectuate plaintiffs’ transfer from defendants’ facilities to a suitable habitat in accordance with each plaintiff’s individual needs and best interests.”

SeaWorld Wants The Case Dismissed

SeaWorld’s motion to dismiss argues that, the amendment “only protects people, not animals, from slavery and involuntary servitude.”

From the Toronto Star:

SeaWorld attorney Theodore Shaw said PETA’s attempted use of the 13th Amendment in its lawsuit is “ignoring 125 years of case law applying the 13th amendment … and ignoring common sense.”

PETA is trying to “rewrite the 13th Amendment,” Shaw said. But Kerr countered that the amendment prohibits the kind of human behaviour that SeaWorld has used to capture orcas and keep them in confinement.

After the hearing, PETA officials issued a statement suggesting that having the issue heard in federal court is a victory in itself.

“This is a truly historic day for the law and for the animals,” said PETA spokesman David Perle.

24 Orcas Have Died At SeaWorld In The Past 25 Years

Judging by Miller’s response, it seems unlikely that PETA will win this case, but it’s great that they have brought attention to the conditions in which SeaWorld keeps its orcas.

As Care2′s Mac McDaniel noted here, twenty four orcas have died at SeaWorld in the past 25 years. SeaWorld has not been legally able to capture orcas in the wild since the early 70s when it used airplanes and explosives in one of its hunts.

And whether or not you call it slavery, these orcas are confined in tanks filled with chemically-treated water and fed an artificial diet. They are enormous intelligent animals with tight family bonds who are born with the instincts to roam free in open waters. But every aspect of an animal’s existence at SeaWorld is stressful, frustrating, and unhealthy so maybe that’s why they are dying at half the age they would if they were living in the wild.

Watching these orcas perform at SeaWorld was an unpleasant experience, one that I do not plan to repeat. Whatever happens with this lawsuit, why not boycott all zoos and circuses, and any organizations that make money from exploiting animals?

What do you think?

Related Stories

24th Orca Dies At SeaWorld

Revenge At SeaWorld: Orca Attack Shouldn’t Come As Any Surprise

Photo Credit: MJ&K-T

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Disclaimer: The views expressed above are solely those of the author and may not reflect those of
Care2, Inc., its employees or advertisers.

m S.

6:31PM PDT on May 9, 2012

BOYCOTT SEAWORLD and all attractions that hold animals captive This practice needs to end Circ uses should be banned from having animals I have seen several human only circuses and they are great I go back whenever they come into town

send a green star

Christy E.

1:40PM PDT on Apr 29, 2012

People should not go to places like Sea World! If they lost their audience, there would be no incentive for them to continue to keep orcas and other marine species. The practice should be banned by law, but since that does not appear to be likely, at least not soon, then boycotting these parks is the fastest way to get results.

Eternal G.

6:55PM PST on Mar 1, 2012

Can't see what else you could call it?!

Jackie A.

9:32AM PST on Feb 21, 2012

Of course they are slaves. They were taken from their home weren't they and forced to perform/work for a living... :-(

Rachel P.

10:36PM PST on Feb 20, 2012

These orcas need a better environment that's without the shadow of a doubt to me BUT I'm wondering why they are in captivity in the first place. I know for a fact that some wild animals are kept in captivity after being rescued from various situations. They, often times, can not be released because they could not survive in their natural environment. Could it be the case for these beautiful creatures?

Dawn D.

3:52PM PST on Feb 19, 2012

yes everyone SHOULD boycott any industry that uses animals. i do not see why that's so hard to understand. and they SHOULD win this case. and when they do-it will be one of the happiest days of my life because i know what's coming next. no animals used for food,clothing,testing,entertainment,etc. it's long over due. hurry up and happen already! and for those who say all the original docs of this country are only meant for humans- well,they also said justice for all and everyone's equal-and we all know how that turned out.

Carrie Anne B.

5:15AM PST on Feb 18, 2012

hope they do get freed thanks for sharing :)

Mel M.

5:39AM PST on Feb 17, 2012

Thanks

Emma D.

8:30PM PST on Feb 14, 2012

by stating that the amendment “only protects people, not animals, from slavery and involuntary servitude.”, is not SeaWorld tacitly admitting that its animals ARE subject to conditions of slavery and involuntary servitude?

Michele P.

5:52PM PST on Feb 12, 2012

Yes. The older I get the more I think about how ignorant the human species is in thinking we are at the TOP of the evolutionary ladder. We as a resident of Nature should be ashamed at how we lock up any mammal, including humans that we do not want in our society. Oh I transgress.

PLEASE let us concentrate on getting Mother Nature and its cycle of life cleaned up after all the mess us humans have perpetrated upon Earth.