Wayne Pacelle and Julie MarshallView Comments
Animals built to move should be allowed to move.
That’s the fundamental principle behind Massachusetts’ Question 3, approved by voters in 2016 to protect farm animals and halt the use of extreme methods of confining them on factory farms. And it was that same principle that motivated proponents to qualify California’s Proposition 12, voted on just two years later.
The two voter-approved ballot measures took aim at gestation crates for mother pigs and battery cages for laying hens – confinement systems so severe and restrictive that the animals, standing shoulder to shoulder or wing to wing, cannot even turn around.
Due to a challenge from factory farming interests, the nation’s highest court took up the case and examined whether states have authority to restrict commerce in pork and eggs within their boundaries based on animal welfare and food safety concerns.
Our nation’s highest court determined, in rejecting a pork industry challenge to a voter-approved ballot initiative in California, that such an exercise of authority was constitutional under federal law.
Following that recent ruling, our nonprofits Animal Wellness Action and Center for a Humane Economy immediately submitted a letter to the Massachusetts Attorney General to alert her office to take the necessary steps now to ensure that diligent enforcement of the prohibition in the sale of pork from cruelly confined pig operations is fully implemented in the coming month.
As we wait on a response, we encourage readers to read in full how Justice Neil Gorsuch, writing for the majority, dismissed the pork industry’s challenge to Proposition 12 and said that the law is constitutional because it is fairly applied and it reflects core values related to the humane treatment of animals and food safety.
The National Pork Producers Council argued that California’s law – and by proxy, Massachusetts’ Question 3 – would impose “extra-territorial” effects and drive up production costs for farmers. But there are plenty of farmers and farm groups who see these laws as a market opportunity for those who practice humane husbandry. And significantly, more than 60 of the pork industry’s biggest food retail customers, including McDonald’s and Costco, said they oppose keeping pigs and laying hens in small cages and crates, and thousands of farmers are supplying them with what they want.
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Anyone can get lost in the weeds over the legal wranglings inside the courts over these many months in relation to laws of commerce and states’ rights. But let’s not lose sight of the real issue at the heart of it all.
This issue is about sentient living beings, millions of them, unable to take a step or turn around because their 600-pound bodies are locked inside an iron cage called a gestation crate, measuring just 2 feet by 7 feet, or smaller.
If you want a front-row seat, read the book “Dominion,” by author Matthew Scully, who explains in a National Review opinion piece what it looks like from the inside: “Hundreds of crazed pigs engaged in stereotypical ‘vacuum’ chewing on nothing at all, and rooting with imaginary straw, and ‘nest building’ with straw that isn’t there for the piglets they’ll never get to care for. … In every industrial gestation facility, there is a ‘cull pen’ for the dead or dying, the weak who are slowing the system down or getting in the way, the ones who just couldn’t endure their ‘housing arrangements’ anymore. … Everywhere, you see sprained, fractured, and swollen limbs, never examined, never even noticed, because who cares as long as it doesn’t affect their productivity?”
It’s unquestionable that pigs, sheep, goats, chickens and cattle all have their feelings and their fears, and that it matters to them if they can gambol in a pasture and feel sunshine on the backs and stand on soil or grass.
But Prop. 12 and Question 3, and similar measures that preceded them, don’t even ask for those simple life pleasures. They just ask for a few feet of space for the animals. Nothing radical. Just basic decency.
The pork industry has fought to block any federal legal standards to make pigs more comfortable. Then they went for the jugular and tried to eviscerate the few state laws to protect these animals. Gorsuch’s opinion is a landmark ruling, and a commonsense one, to reject archaic thinking when it comes to the treatment of animals.
It’s imperative that more of us today comprehend the fundamental difference between traditional farmers as stewards of the land and custodians of the animals, and the routine miseries inflicted on animals living within warehouses and cages, unable ever to pull fresh air into the lungs.
The high court ruling warrants celebration, but now it’s time for Congress to act and end extreme and cruel practices. They’ve got a ready vehicle in new federal legislation, the Pigs Inside Gestation Stalls (PIGS) Act, to do that very thing.
Wayne Pacelle is president and Julie Marshall is national communications coordinator for Animal Wellness Action and Center for a Humane Economy, based in Washington, D.C.
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