Jeffrey Kerr, the lawyer representing the five whales, said: “For the first time in our nation’s history, a federal court heard arguments as to whether living, breathing, feeling beings have rights and can be enslaved simply because they happen to not have been born human.

Five killer whales have been named as plaintiffs in a lawsuit which argues they deserve the same constitutional protection from slavery as humans.

A US judge is considering a complant by People for the Ethical Treatment of Animals’ (Peta) against SeaWorld.

It is reportedly the first time a US court has heard legal arguments over whether animals should enjoy the same constitutional protections as humans.

SeaWorld’s legal team said the case was a waste of time and resources.

The marine park’s lawyer, Theodore Shaw, told the court in San Diego: “Neither orcas nor any other animal were included in the ‘We the people’… when the Constitution was adopted.”

He said that if the case were successful, it could have implications not just on how other marine parks or zoos operate, but even on the police use of sniffer dogs to detect bombs and drugs.

‘Historic case’

Peta says the killer whales are treated like slaves for being forced to live in tanks and perform daily at the SeaWorld parks in California and Florida.

It is not considered likely that the whales will win their freedom, but campaigners said they were pleased the case even made it to a courtroom.

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