( CNN ) -- Can killer whales sue SeaWorld for enslavement ? A lawsuit filed Wednesday by People for the Ethical Treatment of Animals and other `` next friends '' of five SeaWorld killer whales takes that novel legal approach . The 20-page complaint asks the U.S. District Court in Southern California to declare that the five whales -- Tilikum , Katina , Corky , Kasatka , and Ulises -- are being held in slavery or involuntary servitude in violation of the 13th Amendment . A PETA statement said the lawsuit is the first of its kind in contending 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 says , arguing that those conditions amount to enslavement and/or forced servitude . A SeaWorld statement called the lawsuit a baseless publicity stunt by PETA , which is known for provocative advertisements and public demonstrations on behalf of animal rights . 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 , '' says the amendment 's first section . 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 . In addition , it seeks attorneys ' fees and costs . The `` next friends '' joining PETA in representing the killer whales are three marine mammal experts , including Ric O'Barry , who was featured in the Academy Award-winning documentary `` The Cove '' about dolphin-hunting in Japan , and two former Sea World trainers . Their lawsuit contends killer whales -- Orcinus orca , the largest species of the dolphin family -- `` possess sophisticated learning , problem solving , and communicative abilities , '' as well as `` distinctive cultural traits . '' In a statement responding to the lawsuit , SeaWorld Parks and Entertainment said 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 says . 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 .
PETA : This is the first lawsuit seeking constitutional protection against slavery for non-humans . Comment: SeaWorld calls the lawsuit a baseless publicity stunt .