| It’s tax season. I don’t know anything about “taxes”; my wife is the mathlete in the family. I also don’t know about tax law. My theory is that you can only be intellectually present for a finite number of legal classes before your brain rebels out of sheer boredom and makes you seek the dopamine rush of illicit drugs, so “tax” was the time I allowed my brain to go fallow and play Everquest in law school.
But while doomscrolling social media this week, I saw that The Washington Post re-promoted a story from earlier this year (I no longer subscribe) about a lawyer suing the IRS to get her dog claimed as a dependent for tax purposes.
I have thoughts on this! Not expert tax-law thoughts (again, snooooooze), but general animal-law thoughts (a seminar in which I did pay attention). Here is my unified theory of everything when it comes to animal law: We need an entirely different category of law for animals.
I know that sounds circular, but hear me out. Currently, the law treats animals, including pets, as mere “property.” We have some laws that deal with animal cruelty (laws that are woefully under-enforced, as I’ve written about before)—but in the main, animals are the property of their “owners,” who are free to do with them as they please, within reason.
This is wrong. Animals are not property. They’re not inanimate objects. The law should not treat them like a semiconscious throw rug or office furniture that occasionally poops.
The most commonly proposed alternative to the current state of the law is to give animals people rights, and treat them like something approaching human children. This is also wrong. Animals are not people. They’re not children. And whenever I think about how inadequately this country protects actual children—from school shootings to Epstein to the environment—the idea of people running up to me to tell me that their freaking dog deserves the same rights we can’t even secure for my Black-ass kids just makes me angry.
Of course, I love our family dog with nearly the same passion that I have for my human children, so I get where people are coming from. Which is why I believe so strongly that protecting these precious beasts by analogy to things they are not does them a disservice. They’re not property, not children—they are their own thing and should be treated as their own thing under the law.
Does a person have a right to tax relief for taking care of their dog? No. Of course not. It’s a fucking dog. Pay your taxes so human children can have roads and schools. But should a person be able to access affordable healthcare for their pup? Of course. It’s a fucking dog, a living, breathing animal who should not have to suffer while the owner makes a choice between food and healthcare. (I’m focusing on dogs, because I’m allergic to cats and also don’t trust them, but, you know, cats, bears, snakes, Philadelphia Phillies fans, insert your animal of choice). Should a dog have rights that extend to it regardless of who “owns” it? Yes. Does that mean I can’t put my dog on a leash because I’d never do that to my kids? No. And also, don’t tempt me with leashes for kids.
I haven’t thought through all the contours and possible permutations of this. As with any legal canon, it would be developed over time. In my own version, I tend to make a hard distinction between animals that are delicious and animals that are not, but I’m not sure if such a distinction could or should hold up in court.
My simple point is this: Animals should have rights. Those rights should not fall under property rights and should also be different from people rights. Those rights should flow to the animals, not the people claiming ownership over the animals.
And, yes, thinking of a more robust conception of animal rights naturally leads to a much more robust conception of environmental rights for all the animals we thankfully have not yet caged or driven to extinction. Thanks for asking. |