Paper short abstract:

This paper considers the concerns of religious minorities over proposed revisions to Articles 20 and 89 in light of the impact of the Fundamental Education Law revision in 2006.

Paper long abstract:

Over the past two decades, the leadership of the Liberal Democratic Party has passed legislation to restore and strengthen patriotic education in public schools, promoted official visits to Yaskuni Shrine, and has recently resumed efforts to revise the Constitution. This paper considers the proposed revisions to Articles 20 and 89 in light of recent developments in public education.

The restoration of patriotic education is closely related to the legislation passed by the Diet in 1999, which made the Kimigayo (national anthem) and Hinomaru (national flag) the “official” symbols of Japan, and the revision of the Fundamental Education Law (Kyōiku kihon hō) in 2006, which reinserted patriotic moral education into public schools and led to the requirement that teachers lead students in singing the national anthem for official school ceremonies. In 2011, the Supreme Court determined that the new school policy was “constitutional.” While those imposing the new patriotic rituals do not regard them as “religious,” some of those forced to participate regard them as oppressive and linked to the wartime system that required public school teachers to participate in rituals of respect toward the Imperial Rescript of Education, sing the national anthem, and visit Shinto shrines (sanpai).

Articles 20 and 89 in their current form guarantee religious freedom and prohibit any state support or coercion with respect to religion. The draft proposal by the LDP adds a qualifying phrase, which prohibits any state support for religious activities that “transcend customary practices” (shūzokuteki kōi). Religious minorities are concerned that this redefinition would provide a legal basis for requiring children and teachers at schools, as well as employees at government institutions, to participate in jinja sanpai as a part of their civic duties. Furthermore, the revision could legalize and normalize official visits (kōshiki sanpai) to Yasukuni Shrine re-defined as a “social” or “national ritual.” Those opposed are convinced that the revision will reintroduce the notion of “non-religious Shinto,” which will further erode individual freedom and lead to increased coercion in public institutions.