Hawaii Supreme Court to Weigh Constitutional Rights for Honolulu Zoo Elephants

The Hawaii Supreme Court has agreed to hear a landmark case that could grant two elephants at the Honolulu Zoo constitutional rights typically reserved for humans, potentially leading to their relocation to a sanctuary. The case, brought by the Nonhuman Rights Project (NhRP), argues that Mari, a 51-year-old Asian elephant, and Vaigai, a 41-year-old Asian elephant, have been unlawfully imprisoned by the city of Honolulu in a 1.5-acre enclosure that fails to meet their physical and psychological needs. The NhRP’s petition calls this a “profound injustice,” citing the elephants’ status as autonomous, sentient beings entitled to self-determination under Hawaii’s constitution.

At the heart of the legal argument is habeas corpus, a constitutional principle that allows courts to challenge the legality of a person’s detention. If the court extends this right to the elephants, it could set a precedent for other captive animals across the state, including tigers, lions, penguins, and dolphins housed in zoos, marine parks, hotels, and resorts. The case has drawn significant public attention, with residents like Kelden and Kalehua Lee expressing sympathy for the elephants during a recent visit. “They’re suffering,” Kalehua Lee said. “They’re beautiful, but they look sad.”

The elephants, both captured in the wild in India, have lived at the Honolulu Zoo for more than 30 years. Their enclosure includes two 55,000-gallon pools but covers only 1.5 acres, a fraction of their natural home range of nearly 500 miles. Critics, including NhRP attorney Jake Davis, argue the enclosure has hard ground that damages their foot pads, lacks adequate shade, and is situated too close to noisy streets. The zoo has been named among the 10 worst in the country four times by In Defense of Animals.

Honolulu Zoo Director John Berry has defended the facility’s care, stating that staff provide “meaningful enrichment that encourages natural behaviors, stimulates curiosity, and supports their overall well-being.” In an emailed statement, Berry mentioned a project to refresh and expand the elephant exhibit, but the county later retracted that claim. The city, which owns the zoo, declined to comment further.

Oral arguments have not yet been scheduled but could occur as early as fall 2026. While any Supreme Court ruling would apply only to Mari and Vaigai, legal experts believe the case could have a “monumental” persuasive impact on public opinion and future animal rights litigation. Similar efforts to secure legal personhood for animals have failed in other states, but the NhRP is optimistic about Hawaii’s legal landscape, given the zoo’s poor track record.