This post has been corrected. See note below for details.

Attorneys for the People for the Ethical Treatment of Animals are set Monday to ask a federal judge in San Diego to free the five orcas at SeaWorld in San Diego and Orlando.

The attorneys are arguing that the orcas -- Tilikum, Katina, Kasatka, Ulises and Corky -- should be covered by the 13th Amendment to the Constitution that bans slavery and involuntary servitude.

"The orcas species does not deny them the right to be free," according to the PETA attorneys.

SeaWorld attorneys are asking the court to dismiss the lawsuit as a publicity stunt for the animal-rights group.

[For the record, 2 p.m. Feb. 6: An earlier version of this post incorrectly stated that the orcas were all in San Diego. Three of the orcas reside in San Diego; two are in SeaWorld's Orlando park.]

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-- Tony Perry in San Diego

Photo: Rendering of orca show at SeaWorld San Diego. Credit: SeaWorld San Diego