SeaWorld calls the lawsuit a baseless publicity stunt . The complaint alleges that the killer whales are SeaWorld employees . The 13th Amendment outlaws slavery and `` involuntary servitude '' in the United States without any specific mention that it applies only to people . ` PETA : This is the first lawsuit seeking constitutional protection against slavery for non - humans . The US Constitution traditionally grants rights only to humans , not animals .
SeaWorld calls the lawsuit a baseless publicity stunt . The complaint alleges that the killer whales are SeaWorld employees . PETA : This is the first lawsuit seeking constitutional protection against slavery for non - humans . The US Constitution traditionally grants rights only to humans , not animals .