Three judges at the Tokyo District Court have begun their deliberations in a group-action case brought by more than 400 public-school teachers challenging the right of the Tokyo Metropolitan Education Board to force teachers to sing the national anthem and to stand up to show respect for the flag. With the 26-month court hearing finally over, educators, parents and pupils across the country wait in suspense for the scheduled Sept. 20 ruling that could set the future tone of education in Japan.
Respect for the anthem and flag is something that should occur spontaneously. The Kimigayo anthem and the Hinomaru flag are controversial in Japanese society because of their association with Japan's past militarism.
Since it was issued in October 2003, the Education Board's anthem directive has transformed entrance and graduation ceremonies from intimate school occasions for pupils, teachers and parents into rigid, formalized affairs tightly overseen by bureaucrats. Teachers -- with the support of parents -- wasted no time in taking the board to court in January 2004, questioning the legality of the flag-and-anthem directive under two basic laws: the Constitution, which guarantees "freedom of thought, conscience and expression," and the Fundamental Law of Education, which protects education from "unjust control." Without waiting for the court's decision, however, Tokyo's educational authorities have dismissed eight contract teachers and imposed pay cuts or suspensions on more than 200 teachers who refused to comply with its diktat.