Hawaiʻi Supreme Court Agrees to Hear Case Seeking Liberty for Elephants Mari and Vaigai

The Hawaiʻi Supreme Court has agreed to hear a groundbreaking case brought by the Nonhuman Rights Project (NhRP) on behalf of Mari and Vaigai, two wild-born Asian elephants who have spent decades confined at the Honolulu Zoo.

Having granted  the NhRP’s application for a writ of certiorari, the Hawaiʻi Supreme Court will review a lower court decision and hear oral arguments concerning whether Mari and Vaigai’s confinement is lawful. The Court’s June 10 order directs that the case be scheduled for oral argument before Hawaiʻi’s highest court.

Mari was captured in the wild and has been confined at the Honolulu Zoo since 1982. Vaigai was captured in the wild and has been confined there since 1992. The NhRP argues that elephants are autonomous beings with complex cognitive, emotional, and social lives and that their profound interest in bodily liberty warrants legal protection.

The case seeks recognition of Mari and Vaigai’s right to liberty through a common law writ of habeas corpus, a legal mechanism historically used to challenge unlawful detention.

“This is a historic moment for Mari and Vaigai and for the broader effort to secure fundamental legal rights for animals,” said Jake Davis, Senior Staff Attorney at the Nonhuman Rights Project and lead counsel in the case. “By agreeing to hear this case, the Hawaiʻi Supreme Court has recognized the significance of the legal questions presented. Mari and Vaigai have spent decades deprived of their freedom. We look forward to presenting their case before Hawaiʻi’s highest court and demonstrating why the common law should protect their fundamental interest in liberty.”

The NhRP filed its application for certiorari in April 2026 after the Intermediate Court of Appeals affirmed the dismissal of the case. The Hawaiʻi Supreme Court’s decision to hear the appeal ensures that the legal issues raised on behalf of Mari and Vaigai will receive full consideration by the state’s highest court.

ATTEND IN PERSON OR WATCH THE HEARING ONLINE

Join the Nonhuman Rights Project for a historic moment in animal rights law as the Hawaiʻi Supreme Court hears oral arguments on behalf of our clients, Mari and Vaigai, two wild-born Asian elephants held captive at the Honolulu Zoo for decades.

Event Details:
Date: Monday, November 9, 2026
Time: 10:00 a.m. HST
Location: Punahou School (Hosted as part of the Judiciary's Courts in the Community program)
Address: 1601 Punahou St, Honolulu, HI 96822
Can't attend in person? Watch the livestream here.