The Case
A Historic Hawaiʻi Supreme Court Case for Mari & Vaigai
The Case for Liberty
On November 9, 2026, the Hawaiʻi Supreme Court will hear oral arguments in a historic legal case seeking recognition of the right to bodily liberty for Mari and Vaigai, two female Asian elephants who have spent 44 and 34 years, respectively, at the Honolulu Zoo.
The case, brought by the Nonhuman Rights Project (NhRP), challenges the legality of their continued confinement and seeks a pathway toward their release to an accredited elephant sanctuary.
The hearing represents a significant moment not only for Mari and Vaigai, but also for the evolving relationship between humans, animals, and the law.
Why This Case Matters
Elephants are highly intelligent, socially complex, and emotionally sensitive beings. Scientific research demonstrates their remarkable cognitive abilities, strong family relationships, capacity for communication, and need for freedom of movement and choice.
Yet under prevailing legal frameworks, elephants are generally treated as property rather than beings who possess an enforceable legal right to liberty.
The Nonhuman Rights Project is asking Hawaiʻi’s courts to consider whether Mari and Vaigai should be able to challenge their confinement through habeas corpus, a longstanding legal procedure used to examine whether detention is lawful.
The case raises a fundamental question: Can the law recognize and protect the liberty interests of nonhuman animals such as elephants?
The Legal Journey
In October 2023, the Nonhuman Rights Project filed a petition for a common-law writ of habeas corpus on behalf of Mari and Vaigai, seeking judicial consideration of their confinement and eventual release to an accredited elephant sanctuary.
The Hawaiʻi Circuit Court dismissed the petition. In January 2026, the Intermediate Court of Appeals affirmed that decision, concluding that the state’s habeas corpus statute superseded the common-law writ and did not extend to elephants.
On June 10, 2026, the Hawaiʻi Supreme Court agreed to review the case.
The Court will consider two central legal questions:
- Whether Hawaiʻi’s habeas corpus statute supersedes the common-law writ of habeas corpus.
- If the common-law writ remains available, whether it can extend to nonhuman animals such as Mari and Vaigai.
A favorable ruling on these issues would not automatically release Mari and Vaigai. It could allow their case to proceed toward further judicial examination of the legality of their confinement.
November 9th, 2026
Hawaiʻi Supreme Court Hearing
Date: Monday, November 9, 2026
Time: 10:00 AM Hawaiʻi Standard Time
Location: Punahou School, Dillingham Hall
1601 Punahou Street, Honolulu, Hawaiʻi
The hearing is part of the Hawaiʻi Judiciary’s Courts in the Community program, bringing Supreme Court proceedings into an educational setting.
The public can follow the proceedings through the Hawaiʻi Judiciary’s livestream.
Beyond the Courtroom: Honolulu Has a Choice
The Supreme Court hearing is an important catalyst for a much larger conversation about elephant wellbeing, captivity, and the future of the Honolulu Zoo.
A favorable ruling could establish a significant legal precedent. Yet independent of the Court’s eventual decision, Honolulu has the opportunity to consider retiring Mari and Vaigai from captivity.
Across North America, zoos have made the decision to close their elephant exhibits, with some transitioning elephants to sanctuary.
Honolulu can join this movement by exploring a carefully planned sanctuary transition informed by experienced elephant-care professionals, independent veterinary evaluations, appropriate sanctuary placement, specialized transportation, and lifelong care.
Mari and Vaigai’s future need not depend solely on a court ruling. Their story presents an opportunity for Honolulu to choose a new direction.
Learn More and Take Action
Follow the Nonhuman Rights Project’s official case updates, read the legal filings.
Join the Movement of Zoos Ending Elephant Captivity
A growing movement. A new future for elephants. An opportunity for Honolulu.
Across North America, zoos are making the decision to end elephant captivity, retire elephants to sanctuary, and rethink the future of elephant exhibits.
These decisions reflect growing scientific understanding of elephants’ complex physical, emotional, and social needs—and a recognition that a different future is possible.
Explore the stories of zoos that have made the transition, the science informing these decisions, and the proven pathways that can help Honolulu join the movement.
It’s time for Mari and Vaigai to become part of this story.
Free Mari & Vaigai is an independent, community-led advocacy initiative.