Read Debra Hamilton’s incredible response to the DeBlase legal decision I shared in my blog, Nonhuman Rights Project is making a difference!
In this lawsuit, the New York State Supreme Court ruled that Duke, a dog killed by a car while in a crosswalk, was a legal person. And that his “owner” (I’d use the terms “person” or “guardian”, but this is the legal word), who witnessed this tragedy, was entitled to compensation for this!
(I’ve made a few changes for readability.)
“The Nonhuman Rights Project’s work truly represents a watershed moment in how our legal system recognizes the profound bonds we share with our animal companions.
“Justice Maslow’s ruling that Nan DeBlase could recover emotional distress damages for witnessing Duke’s death marks more than just a legal victory. It acknowledges what pet owners have always known: these aren’t just property relationships, they’re family bonds.”
[Maribeth’s] personal experience with workplace bereavement policies perfectly illustrates the disconnect between legal frameworks and lived reality. When we lose a beloved animal companion, the grief is real, the loss is profound, and the need for recognition and time to heal is genuine.
“The fact that corporations can be granted personhood while sentient beings who love, grieve, and form deep relationships with us have been relegated to property status has always been one of those legal contradictions that defy common sense.”
“This shift raises fascinating questions for veterinary medicine that deserve thoughtful consideration.
“If animals are recognized as more than property, veterinarians may face increased malpractice exposure, potentially driving up insurance costs. Some worry this could make veterinary care less accessible.
“Yet there’s another side to consider: might this elevation in legal status improve the quality of care by encouraging more thorough communication, informed consent, and accountability?
“The veterinary profession has always walked a delicate line between being healers and being service providers in a property-based legal framework.
“Perhaps recognizing animals as family members legally will better align the law with how most veterinarians already approach their calling—as healers caring for beloved family members, not just fixing broken property.”
“Here’s where we encounter one of the most complex paradoxes of this legal evolution.
“Currently, when our animal companions are terminally ill or suffering, we can make the loving, difficult decision to let them go peacefully.
“We can spare them prolonged pain and ensure their final moments are filled with love and dignity. This compassionate choice is both a privilege and a tremendous responsibility that comes with our guardianship.”
“But as we elevate animals’ legal status, a crucial question emerges: will we inadvertently lose this ability to provide merciful endings?
“If pets gain greater legal recognition as sentient beings with rights, could we face a situation where we’re legally required to pursue expensive, painful treatments regardless of the animal’s suffering or quality of life?
“This creates a profound ethical dilemma. The very legal advancement that recognizes animals as more than property might paradoxically force us to treat them in ways that could increase their suffering.
“Currently, we can choose compassion over prolonging life at any cost—something we often struggle to do for humans bound by different legal, ethical, and medical frameworks.
“The question becomes: how do we balance recognizing animals’ inherent worth and rights while preserving our ability to make loving end-of-life decisions on their behalf?
“Can we craft legal frameworks that honor both their elevated status and our responsibility to prevent unnecessary suffering?”
[Maribeth: I sure hope so!!]
“The DeBlase legal decision opens up rich territory for exploration.
“How do we balance increased legal recognition with practical considerations like veterinary costs and accessibility?
“How do we honor the emotional reality of human-animal bonds while maintaining reasonable standards for professional liability?
Perhaps most importantly, how do we use this legal evolution to become better guardians?
“If our pets are family members in the eyes of the law, what additional responsibilities does that place on us as their advocates and decision-makers?
“The Nonhuman Rights Project’s work is creating space for these crucial conversations.
“As [Maribeth] noted, good work is being done by many organizations, and each legal victory like the DeBlase case creates precedent that ripples outward, potentially transforming how we think about consciousness, personhood, and the relationships that truly matter.”
“As we celebrate this progress, it’s worth considering:
“The conversation [Maribeth] started here touches on law, ethics, medicine, and the deepest questions about what makes a life valuable and worthy of protection.
“That’s exactly the kind of multifaceted dialogue we need as we navigate this evolving landscape together.”
What can I expect during a session?
Hamilton Law & Mediation: Fostering Peaceful Solutions in Conflicts over Animals
As the principal mediator at Hamilton Law and Mediation, Debra Hamilton brings an unparalleled combination of legal expertise and animal knowledge to every case. Certified as both a mediator and collaborative professional, she has worked extensively with court-based mediation programs throughout New York.
Her experience as a top breeder and exhibitor of Irish setters and long-haired dachshunds gives her unique insight into the deep bonds between people and their animals. Debra is also an AVMA Certified Workplace Wellbeing Expert, regularly speaking at veterinary schools and professional organizations across the country.
I’d love to hear your thoughts on these topics! Please comment!
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