DENVER (AP) — Five elephants at a Colorado zoo may be “majestic” but, since they’re not human, they do not have the legal right to pursue their release, Colorado’s highest court said Tuesday.

The ruling from the Colorado Supreme Court follows a similar court defeat in New York in 2022 for an elephant named Happy at the Bronx Zoo in a case brought by an animal rights group. Rulings in favor of the animals would have allowed lawyers for both Happy and the elephants at the Cheyenne Mountain Zoo in Colorado Springs — Missy, Kimba, Lucky, LouLou and Jambo — to pursue a long-held legal process for prisoners to challenge their detention and possibly be sent to live in an elephant sanctuary instead.

“It bears noting that the narrow legal question before this court does not turn on our regard for these majestic animals generally or these five elephants specifically. Instead, the legal question here boils down to whether an elephant is a person as that term is used in the habeas corpus statute. And because an elephant is not a person, the elephants here do not have standing to bring a habeas corpus claim,” the court said in its ruling.

The same animal rights group that tried to win Happy’s release, the Nonhuman Rights Project, also brought the case in Colorado.

The group argued that the Colorado elephants, born in the wild in Africa, have shown signs of brain damage because the zoo is essentially a prison for such intelligent and social creatures, known to roam for miles a day. It wanted the animals released to one of the two accredited elephant sanctuaries in the United States because the group doesn’t think they can no longer live in the wild.

The zoo argued moving the elephants and potentially placing them with new animals would be cruel at their age, possibly causing unnecessary stress. It said they aren’t used to being in larger herds and, based on the zoo’s observations, the elephants don’t have the skills or desire to join one.

In a statement, the Nonhuman Rights Project said the latest ruling “perpetuates a clear injustice” and predicted future courts would reject the idea that only humans have a right to liberty.

“As with other social justice movements, early losses are expected as we challenge an entrenched status quo that has allowed Missy, Kimba, Lucky, LouLou, and Jambo to be relegated to a lifetime of mental and physical suffering,” it said.

President Donald Trump is wasting no time putting his agenda for a second term into place after his inauguration on Monday. Shortly after being sworn in, he announced pardons for 1,500 people convicted in the attack on the US Capitol in 2021 and signed roughly 200 executive actions, memoranda and proclamations.

Many of those focused on immigration – declaring a national emergency at the southern border, resuming construction of the border wall, ending birthright citizenship, and classifying drug cartels and certain gangs as foreign terrorist organizations subject to immediate arrest and deportation.

Colorado Congressman Gabe Evans, a Republican representing Colorado’s 8th Congressional District, says it’s about saving lives. 

“And when we look at the death toll of Americans who have died as a result of things like fentanyl poisoning, it’s well in excess of the Americans who were killed in the attack on Sept. 11,” said Evans.

The President also restored an order withholding federal funds from local agencies that don’t cooperate with federal immigration agents.

In Aurora, where a Venezuelan gang has grabbed national attention, Mayor Mike Coffman welcomed the help.

“The City of Aurora has never been a sanctuary city which means we will fully cooperate with federal immigration authorities,” said Coffman. 

But some worry federal agents won’t discern between criminals and non-criminals. Jennifer Piper works with the immigrant community in Colorado, “We’re seeing a record number of people sign up for our ‘know your rights’ and sign up for our rapid response network.” 

Trump also signed a sweeping order to unleash American energy, directing federal agencies to simplify and expedite permits for drilling on federal lands and waters.

Colorado Congressman Jeff Hurd, a Republican for Colorado’s 3rd Congressional District, says it’s good for the Western Slope and for our climate. 

“The best and most responsible way to reduce global greenhouse gas emissions is in the state of Colorado, in the third congressional district, is responsibly developing these resources that we’ve been blessed with,” said Hurd.

The president also abolished environmental justice and Diversity, Equity and Inclusion programs in federal agencies and restored a policy recognizing only male and female genders. 

State Representative Matt Soper says Democrats in the state Legislature are sure to push back.

“So we can expect things like what’s on your driver’s license to change, certainly federal law can’t dictate what Colorado defines as accessible bathrooms,” said Soper. “So I’ll be curious what the Democrats present us to debate.” 

Trump’s other executive actions included withdrawing the U.S. from the Paris Climate Treaty and World Health Organization, delaying a federal ban on TikTok, enacting a federal hiring freeze, renaming the Gulf of Mexico the Gulf of America, and pausing disbursement of funds from the Inflation Reduction Act and Infrastructure Investment Act.

Some of his executive actions, like ending birthright citizenship, which is in the U.S. Constitution, are sure to result in legal challenges.