Teachers May Remain Seated and Silent During 'Kimigayo' Anthem

The Tokyo District Court ruled on Sept. 21 that the Tokyo board of education's directive forcing teachers to stand for the Hinomaru flag and to sing the "Kimigayo" national anthem was both unconstitutional and illegal.

Hinomaru was legally defined as Japan's national flag, and "Kimigayo" the national anthem, in 1999.

In October 2003, the Tokyo board of education issued a notice ordering public school teachers to stand and sing the anthem at school ceremonies, such as graduations. Teachers who failed to do so would be disciplined.

But the Tokyo District Court said that forcing all teachers to stand, sing or play the song's piano accompaniment infringed on their freedom of thought and conscience.

Presiding Judge Koichi Nanba said that teachers are not obligated to follow the directive and should not face punishment for refusing.

The court also ordered the Tokyo board of education to pay the 401 plaintiffs ¥30,000 each as compensation for the mental anguish they experienced.

The ruling was the first clearly recognizing that forcing teachers to stand for the flag and to sing the anthem violated the constitutional guarantee of freedom of thought and conscience.

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