ANIMALS in the US could be given the same constitutional rights as people, if a court case launched by PETA succeeds.

The Sydney Morning Herald reports today that for the first time in US history a federal judge in San Diego has heard arguments in a case that could determine if animals enjoy the same constitutional protection against slavery as human beings.

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The case, against Sea World, names five orcas as plaintiffs in the case.

People for the Ethical Treatment of Animals claim the killer whales are treated like slaves as they are forced to live in tanks and perform for human's entertainment.

The PETA attorney has reportedly said the case is the "next frontier of civil rights".

Sea World is reported to be seeking to have the case dismissed, claiming the court does not have the authority to consider whether animals were covered by the constitution.

PETA claims the hearing was the first time a federal court had heard arguments as to whether living, feeling beings have rights and can be enslaved because are not human.

Sea World's legal representative have argued that the case could have profound implications.

The judge hearing the case is yet to make a ruling.