Do Prime Minister Junichiro Koizumi's visits to Yasukuni Shrine in Tokyo violate the constitutional separation of state and religion? It is a tricky question, legally and otherwise, that in the past has eluded a clear-cut judiciary answer. On Wednesday, however, the Fukuoka District Court ruled that his first official visit there in August 2001, four months after he took office, did violate the principle because the visit constituted a religious act performed in his capacity as prime minister and it did so in ways that promoted the shrine.

The ruling was in response to a lawsuit filed by more than 200 citizens, including religious figures, in Kyushu. The plaintiffs demanded compensation from the government on the grounds that his trip to the Shinto memorial violated the separation of state and religion and caused them psychological suffering as a result. The court, however, rejected the demand for compensating, thus handing the defendants -- the prime minister and the government -- a technical victory.

So far Mr. Koizumi has visited the shrine four times, most recently in January. Each trip has drawn sharp criticism both at home and abroad. China, South Korea and Taiwan have reacted strongly, straining diplomatic relations, as Japan's militaristic past still evokes bitter memories. Wednesday's ruling avers, by extension, that the succeeding three visits were also unconstitutional.

Yasukuni Shrine is dedicated to the nation's 2.5 million war dead, including 14 Class-A war criminals of World War II who were convicted by the International Military Tribunal for the Far East, or the Tokyo Trial. Wednesday's ruling characterized the shrine as the "spiritual backbone of state Shinto," noting that the shrine continued to deify the war dead until the end of the war in 1945. Although the current facility is run by a private religious organization, it retains some of its prewar trappings.

The ruling defined the nature of Mr. Koizumi's visit as "official." In another words, according to the court, he went there in his capacity as prime minister, using a government limousine, taking public secretaries with him, signing the visitors' book as "Prime Minister Junichiro Koizumi" and attaching his name card to a floral offering. Following the event, he issued a brief statement through the chief Cabinet secretary.

The presiding judge described his August 2001 trip as follows: "The prime minister has visited Yasukuni Shrine, which is not necessarily an appropriate place to honor the war dead, as many as four times, despite strong opposition even from within the Liberal Democratic Party and the Cabinet. In light of this, the visits have been made on the basis of political motivations, in the knowledge that they involved constitutional problems."

Mr. Koizumi, however, defends his Yasukuni visits, saying, "I don't understand why it is unconstitutional." During a parliamentary exchange earlier this year, he said: "We owe our present prosperity to the sacrifices made by those who died in war. It's my earnest desire to honor those war dead and offer my respects and thanks to them." The unspoken message seems to be that he has no ulterior motives.

Honoring the war dead, of course, is a natural act of mourning. Nobody, including Mr. Koizumi, can be criticized for expressing such a genuine feeling. But Mr. Koizumi is not a private citizen, he is the prime minister of Japan. Inevitably, what he says or does in public assumes official meaning. So he needs to be very careful about visiting a religious facility, particularly one that used to serve as a moral beacon for Japanese militarism.

History shows that politics and religion make a dangerous mix. In Japan, from the Meiji Era (beginning in 1868) to the end of World War II, Shinto helped form the national character -- with tragic consequences. That is why the postwar Constitution stipulates that "the state and its organs shall refrain from religious education or any other religious activity."

The prime minister represents the state, so he must refrain from any activity that may be deemed religious. There is a body of opinion, however, that a prime ministerial visit to Yasukuni is permissible. Some argue that he can visit there as a "private citizen" without using a government car and public money -- as former Prime Minister Takeo Miki did. But for as long as he remains at Japan's helm, praying there in a "private capacity" is bound to be seen as an expediency.

Significantly, the district court said its "unconstitutional" ruling is open to interpretation. A number of other courts have already made their own decisions. As far as Mr. Koizumi's visits are concerned, though, there is as yet no Supreme Court judgment. But this hardly means that he should continue to visit Yasukuni Shrine as before. He should respect the latest ruling, even though it represents a lower court decision.