Animals make up a wide portion of our society. Trained animals are used by the military, law enforcement, and disabled individuals. From companionship to technical expertise, our world is filled with good boys and girls that are far more technically adept than most Americans. Why is it, then, that animals can hold jobs, or even be elected as mayor, but not vote?
The question sounds ridiculous without context. Just last year, a Saudi Arabian artificial intelligence program became a citizen, the first computer to do so. Although the move by the government to make the AI a citizen seems like a PR move, it brings up the question of citizenship for things that we wouldn’t originally believe to be citizens, or even sentient at all. We did our own completely amateur and uncredited research, and asked some local experts for some off-the-record advice to patch together answers to questions like why dogs cannot vote.
How have dogs (or other pets) historically been considered within the court system?
Historically, animals have been considered personal property like a house or a car. The owner of an animal could pursue damages against someone or something that caused the wrongful death of an animal, and if the owner prevailed, s/he could be compensated with money. The value of an animal would not take into account anything other than its economic value. Any emotional value the animal might have had for its owner would not be part of the damages.
What special rights are some animals granted under the law?
Both the U.S. Department of Justice and the Humane Society of the United States have information on what possible protections animals can receive if they become “service animals.” Service animals are defined as animals that perform specific jobs for individuals with disabilities. These animals differ from what is considered with “emotional support animals.”
What rights are given to animals with no owner like wild wolves or hogs? Or animals with no protected statuses, like possums?
Certain animals are protected under federal or state wildlife protection laws, or even international treaties. In modern times, any animal under the control of people that is mistreated would likely be protected by animal welfare law, even if it wasn’t considered a “domesticated” species. While animals don’t have rights in the legal sense, you could say that they have moral or ethical “rights” not to be mistreated, and so we have laws designed to protect animals, domestic and feral, from cruelty.
When dogs serve with law enforcement, how are they seen under the law?
Although law enforcement animals aren’t legally equal to human law enforcement officers, they have some rights that set them apart from the average animal. For example, although the dogs themselves aren’t paid, the canine officer in charge of them has the training, care, and food paid for by the law enforcement office.
Law enforcement dogs do receive more protection from harm than ordinary domestic pets. The Federal Law Enforcement Animal Protection Act of 2000 has a section titled “Harming animals used in law enforcement,” providing that any person who is convicted of purposely assaulting, maiming, or killing federal law enforcement animals (e.g., dogs, horses) carries a fine of not less than $1,000 and could put the offender in prison for up to 10 years. A “police animal” means:
“a dog or horse employed by a Federal agency (whether in the executive, legislative, or judicial branch) for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of criminal offenders.”
As discussed earlier, the dog or animal is still viewed as a piece of property under the law, and when the statute says “employed,” it does not mean that the dog or horse is actually on payroll and registered with HR.
What about dogs in the military?
Retired military dogs, if not adopted by their last handlers, can be adopted by members of the general public, who assume all financial responsibility for the dogs’ care. Dogs that are “discharged” (because the military has more such dogs than it needs) can also be adopted by their last handlers, by members of the general public, or by civilian law enforcement agencies.
Is there a legal basis for dogs and other animals running for office?
In many cases, there is no legal basis. When an animal runs for (and if “elected,” “serves”) in an elected position, it’s believed to be in an honorary position. An analogy could be how many service dogs have received honorary “degrees” along with their owners when their owners get them. Logically, nobody would normally believe that the degrees are legally binding, as the dog did not pay tuition or pass any examinations. Instead, the honorary degree is generally seen as recognition of the crucial role the dogs played in the owners’ course of study.
Can dogs inherit property if their owners die?
While pets themselves cannot be the sole inheritors to an estate, some states allow an owner to set up a trust for the animal’s care. Legally, with all inheritances, the trustee should be a human being or an institution, which are defined in the law as legal people. The trust-for-care-of-animal-after-owner’s-death mechanism began to develop after infamous hotel magnate multimillionaire Leona Helmsley tried to leave her estate, via such a trust, to her dog named Trouble. The implications of inheritance for non-persons had never truly been explored until this specific instance that involved such a large sum of money. Although the dog had been gifted multi-millions, the inheritance was slashed to only two million dollars after a judge’s intervention.
When the dog died at around age 64 (in dog years), the remaining unspent inheritance was converted back into the trust left by Helmsley, which was valued at over $3 billion. The dog did not have a will and did not bequeath the money to anyone else.
How could a dog become a citizen?
Our concept of citizenship is generally believed to presuppose the idea of legal competency, which is why court guardians are sometimes appointed for people like minors or people in comas. What goes into a determination of “competency” is complicated, but a short answer is that you have to be able, independently and without help, be able to think, know what’s going on, and be able to take action. Non-human animals can’t do that and to the extent that some people argue that animals, can indeed communicate (e.g., your dog can clearly let you know when they want to go outside, or that they are hungry), there’s not enough evidence that non-human animals can do that on a high enough order to make all decisions independently.
Another way to think about animals having “citizenship” is that such citizenship requires that citizens participate in society, and that citizenship comes with both rights and responsibilities. Animals can’t be held legally responsible for their actions, and instead their owners, guardians, and people are held responsible.
While your dog may not be able to vote in the election, and your horse may not be able to hold property yet, there is no reason to discount what many animals do to help humanity. From law enforcement to lawmaking (even if only in an honorary sense), good boys and girls continue to prove their worth as family, veterans, and much more. Take time out of your day to appreciate the animals you love and think about how one day they may also need to stand in line at the DMV.