‘Kimigayo’ observance a teacher duty, top court says

Kyodo News

A principal would not be violating the Constitution by ordering a music teacher to play the piano accompaniment to the “Kimigayo” national anthem during public school ceremonies, the Supreme Court ruled Tuesday.

The top court’s decision is its first in a series of lawsuits in connection with teachers who were punished for failing to follow orders to observe the national anthem and the Hinomaru national flag at school ceremonies.

The court was ruling on a suit filed by a 53-year-old elementary school teacher in the Tokyo suburb of Hino who sought to repeal a reprimand by the metropolitan board of education for her refusal to play the anthem during a school entrance ceremony in 1999.

The woman, who wishes to remain anonymous, said being ordered to accompany the anthem violated her freedom of thought and conscience, and thus she refused.

The board of education issued the reprimand on grounds that the teacher’s inaction violated the Local Public Service Law.

The Supreme Court said the principal’s order to accompany the national anthem does not constitute a denial of the plaintiff’s historical and world views and does not violate Article 19 of the Constitution, which stipulates freedom of thought and conscience.

The Tokyo District Court ruled in December 2003 that “public servants must serve for the whole, and their freedoms of thought and conscience are subject to restraint from the point of public welfare,” and concluded the principal’s order was constitutional and the reprimand lawful.

The Tokyo High Court upheld the decision in July 2004.

Last week, the Supreme Court told the parties in the litigation it would hand down a decision on the case without listening to the plaintiff’s argument, indicating previous rulings would be upheld.

“Kimigayo” was made the national anthem and Hinomaru the national flag in 1999.

Since fiscal 2000, some 875 public school teachers nationwide have received various reprimands over their actions against the flag and anthem, including their refusal to stand and sing the anthem in front of the flag during school ceremonies.

While many teachers have lost their lawsuits in lower court rulings, the Tokyo District Court last September judged it unconstitutional for a local government to force teachers to stand for the flag and sing “Kimigayo” in school ceremonies.