Japan Press Weekly

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2012 February 8 - 14 [CIVIL RIGHTS]

Top court dismisses lawsuit opposing imposition of Kimigayo

The Supreme Court on February 9 determined that ordering public school teachers to stand up and sing the national anthem “Kimigayo” at school events is constitutional, and rejected plaintiffs’ demand.

A group of 375 teachers of Tokyo’s public high schools waged a court battle seeking a court decision that would rule that the October 23, 2003 Tokyo Metropolitan Board of Education’s directive forcing public high school teachers to stand up and sing “Kimigayo” at school ceremonies is unconstitutional and illegal.

The Tokyo District Court gave a ruling in support of the plaintiffs, but the Tokyo High Court overturned the ruling.

Regarding the Supreme Court decision, one of the five judges who voted against overturning the district court ruling pointed out that in his opinion orders based on the “10.23” directive violates Article 19 of the Constitution guaranteeing freedom of thought and conscience.

At a news conference after the ruling, the plaintiffs’ group said, “The Tokyo Board of Education’s directive is unjust because it obliges teachers to obey the national and the Metropolitan governments unconditionally. The ruling infringes on the right to personal beliefs.” They expressed their determination to continue their fight until the directive is retracted.