PETA's lawsuit focuses on Constitutional protection for animals

The AP reports: A federal judge for the first time in U.S. history heard arguments yesterday in a case that could determine whether animals enjoy the same constitutional protection against slavery as human beings.

U.S. District Judge Jeffrey Miller called the hearing in San Diego after Sea World asked the court to dismiss a lawsuit filed by People for the Ethical Treatment of Animals that names five orcas as plaintiffs in the case.

PETA claims the captured killer whales are treated like slaves for being forced to live in tanks and perform daily at its parks in San Diego and Orlando, Fla.

"This case is on the next frontier of civil rights," said PETA's attorney Jeffrey Kerr, representing the five orcas.

Sea World's attorney Theodore Shaw called the lawsuit a waste of the court's time and resources. He said it defies common sense and goes against 125 years of case law applied to the Constitution's 13th amendment that prohibits slavery between humans.

Miller listened to both sides for an hour before announcing that he would take the case under advisement and issue his ruling at a later date. The judge raised doubts a court can allow animals to be plaintiffs in a lawsuit, and he questioned how far the implications of a favorable ruling could reach, pointing out the military's use of dolphins and scientists' experiments on whales in the wild.

Kerr acknowledged PETA faces an uphill battle but he said he was hopeful after Monday's hearing.

"This is an historic day," Kerr said. "For the first time in our nation's history, a federal court heard arguments as to whether living, breathing, feeling beings have rights and can be enslaved simply because they happen to not have been born human. By any definition these orcas have been enslaved here."