PETA is seeking to test the boundaries of the 13th Amendment in a suit filed on behalf of 5 killer whales. The 13th Amendment, adopted in 1864, prohibits slavery. An exception is made for slavery (involuntary servitude) as a punishment for a crime. Tilikum, Katina, Corky, Kasatka, and Ulises argue (through their attorney) that they have been unconstitutionally enslaved by Sea World. This suit not only tests the prohibition of slavery, but the exception for slavery as punishment. In 2010, Tilikum killed his trainer during a public performance at the Orlando, Florida Sea World. The key to understanding the punishment exception is that there must have been a conviction. Merely determining that your employee has criminally embezzled office supplies does not authorize you to enslave your employee as a form of punishment. In the case of Tilikum, he was never duly convicted of man-slaughter.
On Monday, U.S. District Judge Jeffery Miller heard arguments in Tilikum et al v. Sea World Parks & Entertainment, Inc. et al. Slave Masters (aka Sea World) asked the court to dismiss the suit on grounds that the Constitution was written with the intention to only protect white men... and later black men... and even later... women. Is it time to recognize the whales?
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