Should chimps be afforded the same rights as people? A New York judge almost said yes — after signing court papers invoking the writ of habeas corpus for two chimpanzees held at the Stony Brook University for biomedical research.
Justice Barbara Jaffe of the New York State Supreme Court issued the order Monday, requiring Stony Brook University to explain and justify its detainment of the chimpanzees. The writ of habeas corpus is a basic legal principle allowing people to challenge unlawful imprisonment, and applying it to the chimpanzees would grant them status as "legal persons."
Jaffe amended the order Tuesday, saying the primates should not be categorized as human — so the writ does not apply to them. Instead, Jaffe clarified that she is only scheduling a hearing to discuss legalities.
While the Nonhuman Rights Project would have preferred for Hercules and Leo to be afforded the same rights as humans, they still considered Jaffe's decision to grant a hearing a victory.
"[Judge Jaffe] never says explicitly that our non-human plaintiffs were persons but by issuing the order ... she's either saying implicitly that they are or that they certainly can be," said lawyer Steven Wise, adding, "that's the first time that has happened."
