SCOTUS Upholds Ca Proposition 12 in Unprecedented Victory For Animal Welfare and Public Health

(May 11, 2023 - New York, NY)—Today the United States Supreme Court upheld Proposition 12, a 2018 California ballot initiative that ensures that eggs, pork, and veal sold in California come from hens, sows, and calves who have enough space to turn around. Proposition 12 makes it illegal for egg-laying hens, calves, and mother pigs to be confined in “a cruel manner” and also prohibits the in-state sale of products from animals confined in a cruel manner. The opinion of the U.S. Supreme Court is a victory for animal welfare legislation and the voters of California who overwhelmingly voted to ban cruel confinement and protect public health, and a major milestone in the fight for a more compassionate and just society. As supporters of the 2018 ballot initiative and an intervening party in the case, The Humane League (THL) fought to defend Proposition 12 at every level of the courts, and we are thrilled to see that our efforts have paid off.

Vicky Bond, president of The Humane League, says, "Today’s ruling is a victory for millions of animals raised for food on factory farms each year. Regardless of dietary choices, the majority of people agree that animals raised for food shouldn’t spend their lives suffering in cramped cages that immobilize them,” she said. “The Supreme Court’s decision affirms states’ and voters’ right to pass laws that seek to protect public health and animals. The pork industry wants to continue keeping mamma pigs in crates so small they can’t even turn around. California voters saw the practice as cruel, and now it’s time for the pork industry to see the writing on the wall too!”

California voters overwhelmingly supported Proposition 12 in 2018, recognizing the public health impacts of and cruel conditions on factory farms where egg-laying hens are crammed into cages too tightly to spread their wings; baby calves are taken from their mothers after birth and confined in small crates with little space to move, and mother pigs are kept in small crates with no space to turn around. Proposition 12 mandates cage-free housing for egg-laying hens and bans the use of gestation crates for mother pigs and veal crates for calves raised for veal.

Proposition 12 represents a nationwide trend as consumers and voters demand better treatment of animals raised for food. Ten states have banned or restricted the use of gestation crates, including Arizona, California, Colorado, Florida, Maine, Massachusetts, Michigan, Ohio, Oregon, and Rhode Island, and eleven states have banned the use of battery cages for egg-laying hens, including Arizona, California, Colorado, Massachusetts, Michigan, Nevada, Ohio, Oregon, Rhode Island, Utah, and Washington. Additionally, eight states have banned or restricted the use of veal crates, including Arizona, Colorado, Kentucky, Ohio, Maine, Massachusetts, Michigan, and Rhode Island.

The proposed Food and Farm Act (H.R. 1824), a comprehensive alternative to the Farm Bill, aims to ensure that the treatment of animals is a central part of our country’s food and agriculture policy. The proposed bill supports the better treatment of farm animals, including a program that would fund producers who seek welfare certifications and incentivize small- and mid-size farmers to improve animal welfare infrastructure, standards, and protocols.

According to Hannah Truxell, The Humane League’s Senior Policy Counsel, now that Proposition 12 has been upheld, voters and consumers can expect to see the introduction of and support for more cage-free legislation, similar to Proposition 12, across the country. “The public overwhelmingly supports animal welfare legislation, including cage-free legislation as evidenced in California and the other states that have passed similar laws. Today’s opinion is a definitive win for consumers, voters, and for animals; this victory not only allows these laws to stand, but paves the way for similar legislation in other states. We are ecstatic for the legislative opportunities before us!

To support the Food and Farm Act, please contact your state senators and representatives. For more information on Prop 12 and other related issues, please visit The Humane League.