Court dismisses teachers’ claim over ‘Kimigayo’

   The Tokyo District Court on July 19 dismissed a lawsuit filed by teachers whom the Tokyo Metropolitan Board of Education reprimanded and ordered to receive training programs on the grounds that they had rejected to stand up and sing “Kimigayo” at graduation or entrance ceremonies in Tokyo public schools.

   Asserting that the Board of Education’s training programs aimed at preventing the teachers from refusing to stand up and sing infringed on the freedom of thought and conscience, a total of 137 teachers are demanding an annulment of the order and compensation in this suit.

   The ruling stated that if the training programs were to prohibit or force to change their thought, conscience, or religious beliefs, they would clearly go against the Constitution. However, the court found no such problems in the programs, it stated.

   At the same time, pointing out that the plaintiffs refused to stand up and sing based on their own views of the world, views on education, and personal beliefs, the ruling stated that teachers have the constitutionally guaranteed right to hold such views.

   The plaintiffs and their lawyers criticized the ruling for failing to acknowledge the unconstitutionality and illegality of the training programs but instead valued them for the content of training programs.

   Lawyers’ group head Oyama Hiroshi said, “I hoped that the court would recognize the unconstitutionality of the training programs because those programs, including having teachers write reports on their reflections, concern the very freedom of thought and conscience.”         - Akahata, July 20, 2007