Patterico's Pontifications

4/26/2015

Chimps (Temporarily) Get Habeas Relief from Judge

Filed under: General — Patterico @ 1:01 pm

What the law giveth:

In a historic moment for animal rights, two chimpanzees, Hercules and Leo, were effectively recognized by a New York court as legal persons Monday.

Hercules and Leo, who are currently used for biomedical experiments at Stony Brook University on Long Island, were granted a hearing on their habeas corpus petition by Manhattan Supreme Court Justice Barbara Jaffe.

. . . .

According to Nonhuman Rights Project (NhRP), which filed the habeas corpus petition in March in an effort to move the primates to a sanctuary in Florida, Jaffe’s ruling is a first for animal rights.

Stony Brook University must now provide the court with a legally sufficient reason for keeping Leo and Hercules in captivity or the chimps will be set free. The court has scheduled the hearing for May 6, according to NhRP.

The law can taketh away:

​The hopes and dreams of millions of chimps were dashed in an instant Tuesday when a judge affirmed that an animal-rights group had gone too far by saying she’d granted them “human rights.”

Manhattan Supreme Court Ju​stice Barbara Jaffe acknowledged that she inadvertently​ got turned into a monkey’s uncle by signing court papers​,​ submitted by​ the animal-rights activist​s, that ​inadvertently bestowed human status on two chimpanzees being used for biomedical research at Stony Brook University on Long Island.

Proving the movie maxim uttered by Charlton Heston that “some apes, it seems, are more equal than others,” Jaffe on Monday signed a writ of habeas corpus on behalf of the primates, named Hercules and Leo.

The judicial command, Latin for “have the body,” is used to determine the legality of a prisoner’s confinement — raising the specter of Cornelius and Zira’s appearance before a Presidential Commission in 1971’s “Escape from the Planet of the Apes.”

But Jaffe got madder than a gorilla ​handling an American Tourister suitcase when the Nonhuman Rights Project — which wants Hercules and Leo sent to a South Florida sanctuary — claimed that she had “implicitly determined that Hercules and Leo are ‘persons.’”

Jaffe issued an amended order Tuesday that crossed out the words “Writ of Habeas Corpus.”

Well, at least we know the matter is in the hands of a careful jurist.

Oregon Baker Fined $135,000 for Refusing to Make Cake for Lesbian Wedding, Resulting in “Mental Rape” of Couple

Filed under: General — Patterico @ 12:54 pm

From Friday:

An Oregon administrative law judge recommended today that the bakers who refused to bake a cake for a same-sex wedding should be fined $135,000.

“[T]he forum concludes that $75,000 and $60,000, are appropriate awards to compensate [the same-sex couple] for the emotional suffering they experienced,” wrote Alan McCullough, administrative law judge for Oregon’s Bureau of Labor and Industries in his proposed order.

. . . .

In order to reach $135,000, Rachel and Laurel submitted a long list of alleged physical, emotional and mental damages they claim to have experienced as a result of the Kleins’ unlawful conduct.

One of the women, whose name was redacted to protect her privacy, listed 88 symptoms as grounds for compensation. The other, whose name was also redacted, listed 90.

Examples of symptoms include “acute loss of confidence,” “doubt,” “excessive sleep,” “felt mentally raped, dirty and shameful,” “high blood pressure,” “impaired digestion,” “loss of appetite,” “migraine headaches,” “pale and sick at home after work,” “resumption of smoking habit,” “shock” “stunned,” “surprise,” “uncertainty,” “weight gain” and “worry.”

I’m surprised these people are able to tie their own shoes in the morning.

My advice: next time, instead of gaining a lot of weight, resuming your smoking habit, and comparing one business owner’s refusal of your business to rape, maybe just choose a different baker.

Although why anyone would take my advice when the state is willing to help them cash in based on obviously exaggerated and trumped-up damages, I have no idea.


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