HONOLULU (HawaiiNewsNow) – The Hawaii Supreme Court heard arguments Monday over whether the Honolulu Zoo’s elephants have the human right against illegal incarceration.
The zoo’s elephants, Vaigai and Mari, are 40 and 51 years old.
The case is part of a national movement to give elephants rights similar to those of people when it comes to their confinement.
Arguments over confinement
The 15-year-old, 2½-acre enclosure includes two deep swimming pools and separate housing areas.
Animal welfare organizations consider the enclosure inadequate.
Attorneys for the Nonhuman Rights Project argue the elephants are intelligent, self-aware and autonomous. They argue the elephants are entitled to protection under wrongful detention laws that have never been applied to animals.
“They were born to be free. They were born to thrive, and they have been relegated to some of the harshest conditions of any zoo in America,” Jake Davis of the Nonhuman Rights Project said.
City and zoo respond
Patricia Sendao, deputy county corporation counsel, argued against the claim.
“It’s a sweeping pronouncement that fundamentally alters our laws regarding animal welfare and habeas relief,” Sendao said.
The city attorneys argued the concept has been rejected by multiple courts and that other laws and rules protect zoo animals.
John Berry, Honolulu Zoo director, said in a letter, “The welfare of our two precious Asian elephants has been and will remain one of the highest priorities of the Honolulu Zoo. Our keepers and veterinarians work tirelessly to care for their physical and mental health.”
Justices question precedent
The Supreme Court held oral arguments on the case before hundreds of high school students from multiple schools on the Punahou School campus.
The justices expressed concern about the precedent of giving animals a right to liberty.
“Don’t octopuses have autonomy? Are you going to at least limit it to mammals, or are you talking about reptiles, amphibians, insects? What are we talking about?” Justice Sabrina McKenna said.
Justices cite expanded civil rights
The justices pointed out that the court has expanded civil rights for same-sex couples and for a safe climate. They also said Hawaii regards nature in its own way.
“Hawaiian culture is that living things are our relatives. We are not dominating beasts,” McKenna said.
Justice Todd Eddins brought up a cartoon to ask whether intelligent, but non-human aliens could be legally detained.
“In the sixth season of ‘The Flintstones,’ there was a character called the ‘Great Gazoo.’ The Great Gazoo was an alien,” Eddins said.
Sendao responded that was a question for the legislature.
“We would want the people of Hawaii to opine on a fundamental, monumental shift in our relationship to living things on this planet, in this universe in your example,” Sendao said.
Zoo visitors weigh in
Vaigai and Mari walked around their enclosure Monday afternoon as visitors from Wisconsin watched. The visitors said the elephants looked happy.
“It was pretty exciting. We’ve never seen an elephant before. Oscar is super excited as well,” visitor Jordan Smith said of her baby boy.
“There shouldn’t be a reason not to educate people and have them around so people can be educated about elephants and that kind of thing,” visitor Nick Smith said.
What happens next
If the elephant advocates prevail, Mari and Vaigai would be entitled to a hearing on whether their detention was illegal or cruel.
It is not clear how long the Supreme Court will take to decide the case.
Copyright 2026 Hawaii News Now. All rights reserved.