Background
The Nonhuman Rights Project (NhRP), a nonprofit legal organization that seeks recognition of legal rights for nonhuman animals, filed suit in Hawaii’s First Circuit Court (Case No. 1CCV-23-0001418) on behalf of two elephants — Mari and Vaigai — held at the Honolulu Zoo, a facility operated by the City and County of Honolulu’s Department of Enterprise Services. The respondents include the department’s director, Dita Holifield, and Honolulu Zoo Director Linda Santos.
The circuit court ruled against the NhRP, and the organization appealed to the Hawaii Intermediate Court of Appeals (ICA), which likewise ruled for the respondents in CAAP-24-0000323. The NhRP then filed an Application for Writ of Certiorari with the Hawaii Supreme Court on April 24, 2026, asking the state’s highest court to review the ICA’s decision.
It is important to note that this order does not address the merits of the underlying claims. The Hawaii Supreme Court has accepted the application and will schedule the matter for oral argument; no ruling on whether elephants possess cognizable legal rights under Hawaii law has yet been issued.
The Court’s Holding
In a brief order signed by Chief Justice Vladimir P. Devens and Justices Sabrina S. McKenna, Todd W. Eddins, Lisa M. Ginoza, and assigned Circuit Judge James H. Ashford, the Hawaii Supreme Court accepted the NhRP’s Application for Writ of Certiorari. The court ordered that the case be scheduled for oral argument, with notice to the parties to follow from the appellate clerk.
The acceptance of certiorari signifies only that the court has found the questions presented worthy of plenary review. It is not a ruling on the merits, and no determination has been made as to whether Mari or Vaigai — or nonhuman animals generally — possess legal personhood or any cognizable rights under Hawaii law.
Key Takeaways
- The Hawaii Supreme Court has agreed to hear what may be the first state high-court argument on nonhuman animal legal rights brought by the Nonhuman Rights Project.
- The case is brought on behalf of two elephants, Mari and Vaigai, housed at the Honolulu Zoo; the respondents are municipal officials responsible for the zoo.
- This is a certiorari grant only — no merits ruling has been issued, and oral argument has not yet occurred.
- Attorneys should monitor this docket closely; a merits decision could break new ground on legal personhood and habeas corpus standing for nonhuman animals under state law.
Why It Matters
The Nonhuman Rights Project has pursued similar claims before courts in New York and other jurisdictions with limited success, as courts have consistently declined to extend common-law habeas corpus or legal personhood to nonhuman animals. Hawaii’s willingness to hear the case at the highest level makes this a significant procedural milestone and creates the possibility of the first state supreme court merits ruling on the question.
A decision on the merits — in either direction — will carry substantial weight for zoos, wildlife sanctuaries, and animal-law practitioners nationwide. If the Hawaii Supreme Court were to recognize any cognizable legal interest on behalf of Mari and Vaigai, it would represent a historic development in American animal law. Even a ruling against the NhRP, if reasoned in detail, would shape how future courts analyze the issue.