I. The Evolution of Animal Rights and the Ongoing Struggle
The fight for animal rights has been ongoing since the early 1970’s, but it wasn’t until Hurricane Katrina that significant changes in animal law began to take shape. As someone from New Orleans, this issue hits close to home for me. During the disaster, rescue teams were ordered not to take pets, leaving people with the heartbreaking choice of staying behind with their pets or abandoning them. People literally chose to die for their pets than leave them behind. This event highlighted the urgent need for legal recognition of the deep bond we share with our animals.
The modern Animal Rights Movement is generally considered to have begun in the early 1970s.
A key moment was the publication of Peter Singer’s book, “Animal Liberation,” in 1975. This book is often credited with launching the contemporary animal rights movement by arguing against the exploitation of animals and advocating for their ethical treatment. However, earlier efforts to improve animal welfare and rights can be traced back to the 19th century, with significant milestones such as the founding of the Royal Society for the Prevention of Cruelty to Animals (RSPCA) in the UK in 1824 and the American Society for the Prevention of Cruelty to Animals (ASPCA) in 1866. These organizations focused more on animal welfare rather than rights, emphasizing the humane treatment of animals rather than advocating for their liberation or equal rights.
II. Animal Law is formed
Hurricane Katrina’s Impact: In the aftermath of Hurricane Katrina in 2005, the devastation highlighted the need for stronger legal protections for animals, as many pets were left stranded or separated from their owners. The crisis sparked a public outcry and led to the development of animal law reforms, focusing on disaster planning, rescue operations, and pet custody disputes. It also resulted in the Pets Evacuation and Transportation Standards (PETS) Act in 2006, which requires states to include pets in disaster evacuation plans.
The event prompted further growth in animal law as a distinct legal field, emphasizing the welfare and rights of animals in emergency situations. Courts were overwhelmed and lacked direction, revealing limitations in the Animals are Property law and the need for recognizing pets as emotionally valuable. Equitable Principles: principles and case law were used to support the necessity of equitable principles in matters involving companion animals. This is discussed in full detail in Barbara J. Gislason’s book, “Pet Law and Custody: Establishing a Worthy and Equitable Jurisprudence for the Evolving Family”, an ABA certified used in Law Schools.
III. The P.E.T.S. Act: A Landmark in Animal Protection
The P.E.T.S. Act, one of the fastest bills passed in American history, was a direct response to the mass displacement of pets during Katrina. This act showed just how much Americans value their pets.
It led to the largest animal rescue operation to date, where many rescued animals were later sought by their original owners. However, the legal system at the time was unprepared, revealing a gap in the law that still fails to fully recognize the emotional value of our pets.
The P.E.T.S. Act was enacted swiftly in response to the mass displacement of pets after Katrina.
The Impact demonstrated how deeply Americans value their pets; it led to the largest animal rescue operation to date, with around 8,000 animals adopted and later sought by their original owners.
The Animal Legal Defense Fund is lead initiative in fighting for Animal Legal Welfare Rights. Visit ALDF.org for education on companion pets legal status and more!
IV. The Flaws of the "Animals are Property" Law
The outdated "Animals are Property" law is not only ineffective but can also cause more harm than good. It’s easily manipulated, rarely enforced, and offers little protection, making it difficult for pet owners to pursue justice. This has led to countless heartbreaking stories which highlights the urgent need for awareness and change. the pet movement advocates for legal protections as pets are family
V. Inconsistent State Protections
While some states like Alaska, Oregon, and California have made strides in animal protection, many others still lag behind. The inconsistent and inadequate laws across states create confusion and leave pets vulnerable. However, there is hope. Legal principles that support the need for equitable treatment of companion animals already exist, as outlined in Barbara J. Gislason’s book “Pet Law and Custody.” This shows that the foundation for change is there—we just need to build on it.
VI. Human-Centric Legal System: The Need for Change
Our legal system is deeply human-centric, often protecting animals only as a side effect of
preventing human suffering. This mindset must change. Organizations like the ALDF are working hard to expand the recognition of animals' interests in court, but there is still a long way to go. We need to advocate for a shift in how the legal system views animals. Animals deserve to be protected for their sake, not just ours, and it’s time the law reflected that.
The emotional toll of inadequate laws and the urgent need for reform has been nothing short of traumatic. It’s completely taken over everything we used to know in our daily life. Our legal battle has continued for over 2 years through the Courts in New Jersey, where Cash has been kept, living with a strange man, still waiting on his mom & dad to pick him up.
For more on Cash:
www.CHANGE.org/BringPuppyCashHome #BringPuppyCashHome
the law classifying pets as mere property dates back to a time when animals were valued solely for their economic utility, with cows considered as most valuable and dogs as the least value. Today, this outdated legal framework fails to recognize the deep emotional bonds between pets and their human families, highlighting the urgent need for our laws to evolve and reflect the true worth of these beloved companions.”
Millennials, the largest generation of pet owners, view pets are family members, intensifying the demand for legal changes that protect their companion animals. The largest generation to own dogs and companion animals is Millennials (those born roughly between 1981 and 1996). Various surveys and studies have shown that Millennials make up the largest percentage of pet owners in the United States. This generation is particularly known for viewing pets as family members, often prioritizing pet ownership even over other major life decisions, such as having children or buying a home.
Millennials have driven the growth in pet ownership, especially in urban areas, and have influenced trends in the pet industry, such as demand for high-quality pet food, pet insurance, and pet-friendly services and spaces.
the law classifying pets as mere property dates back to a time when animals were valued solely for their economic utility, with cows considered as most valuable and dogs as the least value. Today, this outdated legal framework fails to recognize the deep emotional bonds between pets and their human families, highlighting the urgent need for our laws to evolve and reflect the true worth of these beloved companions.”
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