I'm a Killa....whale

Do whales deserve constitutional protection against slavery? On February 8, a federal judge said 'no,' stopping a historic case filed by PETA against SeaWorld for violating the 13th Amendment on slavery. Five orcas were listed as the plaintiffs.

PETA filed the lawsuit last October, complaining that whales "were forcibly taken from their families and natural habitats, are held captive at SeaWorld San Diego and SeaWorld Orlando, denied everything that is natural to them, subjected to artificial insemination or sperm collection to breed performers for Defendants' shows, and forced to perform, all for Defendants' profit. As such, Plaintiffs are held in slavery and involuntary servitude."

PETA went on to request that the whales be freed and released to a habitat better suited to their needs.

Yesterday, U.S. District Judge Jeffrey Miller dismissed the case, in his ruling he said "the only reasonable interpretation of the Thirteenth Amendment's plain language is that it applies to persons, and not to non-persons such as orcas."

Before the ruling, PETA's attorney Jeffrey Kerr told HuffPost that the animal rights group's argument was based on the belief that "slavery doesn't depend upon the species of the slave, any more than it depends upon the race, gender or ethnicity of the slave. SeaWorld's attempts to deny orcas the protection solely based on their species is the same kind of prejudice used to justify any enslavement."

Following the ruling, SeaWorld wrote in a statement provided to HuffPost, "SeaWorld remains the standard for zoological stewardship of marine animals and we reject any challenge to the conditions and quality of care for these remarkable animals."

Both groups did voice one shared observation -- the remarkable nature of these animals. Often described as "the most social beings on the planet," orca whales stay with their families for their whole life and, like us, orcas have cultures within their own pods (communities). Not only do orcas communicate with one another, each pod has its own distinct dialect that is passed down from generation to generation.

However complex these animals are, can we really prove they are suffering from "enslavement?" And would the protection of nonhumans under the 13th amendment change the "personhood" status of animals?