SAN DIEGO, Calif. -- Saying the anti-slavery 13th Amendment applies only to humans, a federal judge today dismissed a landmark lawsuit that sought to extend constitutional protections to the famous killer whales that perform at SeaWorld, according to news reports from San Diego.
In a seven-page ruling, U.S. District Court Judge Jeffrey Miller threw out the suit filed by People for the Ethical Treatment of Animals, which argued that the 13th Amendment, adopted in 1865, prohibits the condition of slavery but does not mention any "person" or class of victim. Miller heard the case Monday.
The plaintiffs included the five orcas caught in the wild and brought to SeaWorld in San Diego and Orlando: Kasatka, Corky and Ulises (San Diego) and Tilikum and Katina (Orlando). Three marine-mammal experts and two former orca trainers also joined the suit.
PETA nonetheless hailed its lawsuit as a victory, calling it "one more step taken toward the inevitable day when all animals will be free from enslavement for human amusement," the Los Angeles Times says.
The ruling could be appealed, PETA attorney Jeff Kerr told U-T San Diego.
Recall that Tilikum was involved in the death of a trainer two year ago.
USA Today