January 17, 2012
The Supreme Court on January 16 nullified a work suspension and pay cut taken against public school teachers who had refused to follow the Tokyo Metropolitan Government’s requirement of standing and singing the national anthem Kimigayo at school ceremonies.
The court also ruled that punishments heavier than pay cuts should be imposed only after careful consideration on the grounds that teachers’ refusal to stand for Kimigayo comes from their personal beliefs and view of history and that their behavior caused no active and physical obstruction to school ceremonies.
The top court, however, rejected the plaintiffs’ call for rescinding the reprimands.
The lawsuits were filed by about 170 public school teachers who received disciplinary action from the Tokyo Metropolitan Government for refusing to stand up or play the piano for the national anthem at graduation and other ceremonies.
The Metropolitan Board of Education in 2003 issued a directive forcing public school teachers to stand up during the singing of Kimigayo. Since then, the board has imposed heavier punishments as the number of teachers refusing to obey the order to stand up increased.
The Supreme Court judged this policy to be unreasonable and put a limit to the type of punishments taken against teachers.
The ruling could have an impact on Osaka’s move to create an ordinance obligating public school teachers to stand up and sing ‘Kimigayo’.
The “Osaka Ishin-no Kai,” a local political party led by Osaka Mayor Hashimoto Toru, submitted to the prefectural assembly the ordinance to enable the Osaka Governor to fire public school teachers who do not stand up for Kimigayo.
The court also ruled that punishments heavier than pay cuts should be imposed only after careful consideration on the grounds that teachers’ refusal to stand for Kimigayo comes from their personal beliefs and view of history and that their behavior caused no active and physical obstruction to school ceremonies.
The top court, however, rejected the plaintiffs’ call for rescinding the reprimands.
The lawsuits were filed by about 170 public school teachers who received disciplinary action from the Tokyo Metropolitan Government for refusing to stand up or play the piano for the national anthem at graduation and other ceremonies.
The Metropolitan Board of Education in 2003 issued a directive forcing public school teachers to stand up during the singing of Kimigayo. Since then, the board has imposed heavier punishments as the number of teachers refusing to obey the order to stand up increased.
The Supreme Court judged this policy to be unreasonable and put a limit to the type of punishments taken against teachers.
The ruling could have an impact on Osaka’s move to create an ordinance obligating public school teachers to stand up and sing ‘Kimigayo’.
The “Osaka Ishin-no Kai,” a local political party led by Osaka Mayor Hashimoto Toru, submitted to the prefectural assembly the ordinance to enable the Osaka Governor to fire public school teachers who do not stand up for Kimigayo.
