The Bear Hunt
June 24, 2026What the Fluff Happens to Pets in Bankruptcy?
June 24, 2026
By Savannah Sherman, Chair of the Hawaii Animal Law Section
The Nonhuman Rights Project (NhRP) is known for filing groundbreaking lawsuits to grant the most basic forms of dignity to higher-order animals, namely elephants, chimpanzees, and cetaceans. Founded in 1995 by Steven Wise, the NhRP seeks to elevate the legal status of nonhuman animals to better reflect their existence as individuals and not “things.”[1] One of the NhRP’s current efforts centers around Mari and Vaigai, two Asian elephants at the Honolulu Zoo.
Elephants Mari and Vaigai have been held at the Honolulu Zoo since 1982 and 1992, respectively.[2] They live each day in a habitat of just 68,244 square feet, or 0.0024 square miles.[3] This pales in comparison to the natural range of Asian Elephants, which are known to occupy anywhere from six to 500 square miles in the wild.[4] Mari and Vaigai are denied the most basic forms of dignity. They cannot engage in natural behaviors or follow the social structure that Asian elephants have formed over centuries. Instead, they live within the urban sprawl of Waikiki, thousands of miles from their natural habitats.
Recognizing this injustice, the NhRP filed suit to grant sanctuary to Mari and Vaigai. NhRP argues that Mari and Vaigai are cognitively advanced, autonomous beings, thus deserving the protection of the right to bodily liberty, as recognized by habeas corpus. The case is now before the Hawaii Supreme Court.
The Animal Law Section of the Hawaii State Bar Association (the Section) filed an amicus brief in support of NhRP, urging the court to remedy the injustice and grant NhRP the opportunity to make its case. In doing so, the Section relied on several considerations, one of which is the unique “Aloha Spirit of Hawaii.” The Aloha Spirit encompasses kindness, unity, humility, and respect for the dignity of nature.[5] The Aloha Spirit is recognized in Hawaii’s law. In fact, Hawaii law specifically grants courts the ability to consider this concept when making decisions, stating that courts “may contemplate and reside with the life force and give consideration to the ‘Aloha Spirit.’”[6] The Section emphasized this cherished cultural value in its brief to the court. Keeping Mari and Vaigai held in a small concrete enclosure in the heart of Waikiki is inconsistent with the Aloha Spirit, as such confinement requires us to cast aside the suffering of cognitively advanced beings in exchange for an exhibit at a zoo.
Further, the Section points out that state courts are crucial avenues for advancing justice and that the state’s common law may change over time to recognize our evolving societal views and principles.[7] In light of this, the court may consider the tragic history of elephants in Hawaii when making its decision. In 1994, Tyke the elephant was killed in downtown Honolulu after escaping from a traveling circus, killing one person and injuring several others in the process.[8] This event prompted a change in Hawaii’s law by banning the importation of animals for exhibition. The Animal Law Section is hopeful that this trend for compassion will continue and that the court will grant the petition seeking sanctuary for Mari and Vaigai.
Editor’s note: The views expressed in this article are those of the author alone and not necessarily the Animal Law Section or the Hawaii State Bar Association.
[1] Our Founder, Nonhuman Rights Project, https://www.nonhumanrights.org/life-and-legacy-steven-wise/.
[2] Sara Yamanaka, Honolulu Zoo’s Mari, the Asian elephant, made the call — it’s the Bengals, Spectrum News (Feb. 12, 2022), https://spectrumlocalnews.com/hi/hawaii/community/2022/02/10/honolulu-zoo-asian-elephants-made-the-call.
[3] Positive: City Dedicates New Elephant Exhibit, Hawaii Ahe, https://hawaiiahe.com/positive-city-dedicates-new-elephant-exhibit/ (last visited Apr. 13, 2026).
[4] Asian elephant, Smithsonian’s Nat’l Zoo & Conservation Biology Inst., https://nationalzoo.si.edu/animals/asian-elephant (last visited Apr. 13, 2026).
[5] Hilo Bay Marina, LLC v. State, 156 Haw. 478, 511, 575 P.3d 568, 601 (2025) (Eddins, J., concurring); Haw. Rev. Stat. § 5-7.5 (2025).
[6] Haw. Rev. Stat. § 5-7.5(b) (2025).
[7] Guieb v. Guieb, 156 Haw. 162, 169, 571 P.3d 382, 389 (2025).
[8] Ethan Carson Eddy, Privatizing the Patriot Act: The Criminalization of Environmental and Animal Protectionists As Terrorists, 22 Pace Envtl. L. Rev. 261, 327 (2005).