Tokyo teachers in ‘Kimigayo’ suit to appeal to higher court

The Tokyo District Court on June 20 dismissed a claim made by 10 former public high school teachers that the Tokyo Metropolitan Government canceled their post-retirement rehire on the grounds that they refused to stand up to sing “Kimigayo” at graduation ceremonies in 2004.

The court defended the metropolitan government order for teachers to stand up and sing “Kimigayo,” saying that it does not violate their freedom of thought or conscience.

   In a rally following the court ruling, the plaintiffs, who are seeking compensation for Tokyo government’s cancellation of their reemployment contracts right before the new school year started, announced that they will appeal to a higher court.

   Plaintiff Kondo Mitsuo, 63, stated, “This unfair ruling rejects not only us but also those who are making efforts to protect peace and democracy,” adding, “I will keep paying careful attention to the moves of this nation and work to prevent it from going back to the wrong direction.”

   Ota Toshiko, a 67-year-old plaintiff, said that she took part in the court struggle in order to enable children to be free and vigorous in school. She said, “I could not effectively argue in court what the students and teachers are suffering from at school. I will restart my struggle today.”

   Plaintiffs’ lawyers severely criticized the court decision as “the worst ever ruling.”

   Lawyer Akiyama Naoto said the ruling totally ignored the then effective Fundamental Law of Education that prohibited authorities from controlling education based on reflection over the prewar experiences.

   Lawyers’ leader Oyama Hiroshi said, “We won’t be discouraged. Instead, we will continue to emphasize the importance of the freedom of thought, conscience, religion, and education in a democratic society.”      - Akahata, June 21, 2007