( CNN ) -- Lawyers for People for the Ethical Treatment of Animals will face off against those with SeaWorld in a Southern California federal court Monday after the animal rights group filed a lawsuit to declare that five killer whales are being held in slavery or involuntary servitude in violation of the 13th Amendment . SeaWorld has called the lawsuit a baseless publicity stunt by PETA , which is known for provocative advertisements and public demonstrations on behalf of animal rights . PETA filed the 20-page compalint in October on behalf of the whales -- Tilikum , Katina , Corky , Kasatka and Ulises . A PETA statement at the time contended that constitutional protections against slavery are not limited to humans . `` Plaintiffs 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 , '' the lawsuit states , arguing that those conditions amount to enslavement and/or forced servitude . At the heart of the lawsuit is the question of whether a non-human entity can sue for a violation of constitutional rights . The 13th Amendment outlaws slavery and `` involuntary servitude '' in the United States without any specific mention that it applies only to people . `` Neither slavery nor involuntary servitude , except as a punishment for crime whereof the party shall have been duly convicted , shall exist within the United States , or any place subject to their jurisdiction , '' the amendment 's first section states . In its statement , PETA called the lawsuit `` the first ever seeking to apply the Thirteenth Amendment to non-human animals . '' The lawsuit seeks an order for the release of the whales `` from bondage '' and a permanent order against holding them in slavery , as well as appointment of a legal guardian to carry out the transfer of the whales to a suitable habitat . It also seeks attorneys ' fees and costs . In a statement responding to the lawsuit , SeaWorld Parks and Entertainment said in October that the court case challenges `` the public 's right to enjoy and learn more about marine mammals . '' `` This effort to extend the Thirteenth Amendment 's solemn protections beyond human beings is baseless and in many ways offensive , '' the statement said . SeaWorld is `` among the world 's most respected zoological institutions , '' it continues , adding that SeaWorld parks `` are fully accredited by the Association of Zoos and Aquariums and the Alliance of Marine Mammal Parks and Aquariums '' with legal permission to display marine mammals . `` PETA has once again showed that it prefers publicity stunts to the hard work of caring for , rescuing and helping animals , '' the SeaWorld statement said . State and federal courts have traditionally understood laws dealing with animal ownership and cruelty as applying only to human actions , meaning the animals themselves could neither be prosecuted nor act as plaintiffs or defendants . That would include litigation and legislation involving hunting and breeding of animals and plants , as well as zoo and circus displays . CNN 's Bill Mears and Tom Cohen contributed to this report .
SeaWorld calls the lawsuit a baseless publicity stunt . The complaint alleges that five killer whales are SeaWorld slaves . PETA : This is the first lawsuit seeking constitutional protection against slavery for non-humans . The U.S. Constitution traditionally grants rights only to humans , not animals .