Random question, but I just had to ask: By any chance did you get this idea from a comment over at Volokh (or otherwise get the idea relating to the issue below)?
That would be an amusing coincidence of timing. Somebody just posted a comment to one of the articles inquiring about just such a thing in response to an article on a PETA lawsuit (link down below). Just thought I would show that to you, in any case, since you might find amusement in the fact that somebody thought along the same lines as you, given that it is a fairly unique argument one does not generally see very often.
The Volokh Conspiracy » PETA Tries to Use the Thirteenth Amendment to Free Whales from Sea World
PETA Tries to Use the Thirteenth Amendment to Free Whales from Sea World
Orin Kerr • October 26, 2011 5:06 pm
No, it’s not the Onion: It’s a real law suit. The
Los Angeles Times reports, via ATL:
People for the Ethical Treatment of Animals plans Wednesday to sue Sea World for allegedly violating the 13th Amendment to the U.S. Constitution — which bans slavery — by keeping orcas at parks in San Diego and Orlando, Fla., organization officials said Tuesday.
The lawsuit, set to be filed in San Diego federal court, is considered the first of its kind and, if successful, would represent a large enhancement of the animal-rights movement. Part of the lawsuit asserts that it is illegal to artificially inseminate the females and then take away their babies.
The lawsuit seeks the release of three orcas (also called killer whales) from San Diego and two at Orlando. “All five of these orcas were violently seized from the ocean and taken from their families as babies,” said PETA President Ingred Newkirk.
PETA officials note that the 13th Amendment prohibits slavery but does appear to limit the ban only to human beings. “Slavery is slavery,” said PETA general counsel Jeffrey Kerr.