Is PETA un-American?

Recently PETA announced that it would be suing Sea World on behalf of five Orca whales at the park, arguing that the whales should be set free.

In the first case of its kind, PETA, three marine-mammal experts, and two former orca trainers are filing a lawsuit asking a federal court to declare that five wild-caught orcas forced to perform at SeaWorld are being held as slaves in violation of the 13th Amendment to the U.S. Constitution. The filing—the first ever seeking to apply the 13th Amendment to nonhuman animals—names the five orcas as plaintiffs and also seeks their release to their natural habitats or seaside sanctuaries.

Now I'm all for publicizing the potentially (I'm not a marine biologist and can't make such a definitive claim) harmful conditions under which these Orcas were acquired, maintained and treated but that does not mean that anyone should try to undermine the US Constitution in this manner.

 To be honest, I see this as being a frivolous law suit and one that will do more harm than good for the cause of the whales and PETA. As most people will look at this as a stunt rather than a meaningful issue deserving of their consideration. I base this on the notion that PETA is trying to equate whales with humans. Now, PETA states that this is not the case.

The suit is based on the plain text of the 13th Amendment, which prohibits the condition of slavery without reference to "person" or any particular class of victim. "Slavery is slavery, and it does not depend on the species of the slave any more than it depends on gender, race, or religion," says general counsel to PETA, Jeffrey Kerr.

The 13th Amendment states: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

 Slavery is defined as: the practice of owning slaves.

Slave is defined as: a person legally owned by another and having no freedom of action or right to property.

It seems very clear that the intention of the amendment related only to people as by definition only people can be slaves. To extend this to things that are not people is a corruption of the language and intent of the amendment.

The power to enforce the 13th Amendment was given to Congress and can be found in the Civil Rights Act of 1866, formally titled: An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their vindication.

So to have the 13th Amendment apply to whales would require that whales be given the legal status of person.

 I'm sorry, but a whale is not a person.