Supreme court rules Naha City’s free provision of land to Koshibyo “Unconstitutional”, arguing the separation of politics and religion

Supreme court rules Naha City’s free provision of land to Koshibyo “Unconstitutional”, arguing the separation of politics and religion

Kume Shiseibyo (Koshibyo) in Matsuyama Park in Naha City


February 24, 2021 Ryukyu Shimpo

 

On February 24, the Supreme Court ruled on the question of whether Naha City’s free provision of land in Matsuyama Park for the Kume Shiseibyo (Koshibyo), which is dedicated to Confucius, father of Confucianism, violates the principle of the separation of politics and religion in the constitution. The court, with Naoto Otani presiding, ruled that the free provision is unconstitutional.

 

The separation of politics and religion requires that national and municipal governments remain neutral in religious matters. After the case was remanded, the first and second rulings both held that Koshibyo is a religious facility, and thus the free provision of land by Naha City is unconstitutional.

 

The plaintiff asserted that the Sekitensairei, an event held at Koshibyo, has religious significance, and that the free provision of land violates the principle of the separation of politics and religion, saying, “Koshibyo is a religious facility, from both an academic perspective and in the eyes of the general population. This amounts to the assistance and promotion of a specific religion.”

 

Meanwhile, representatives of Naha City argued that Koshibyo is “an educational facility that tells Okinawa’s history and culture, and has no religious meaning.” The facility is an important tourist attraction, and “the waiving of usage fees is done for the public good. It is not assistance or promotion of a religion.”

(English translation by T&CT and Ellen Huntley)

 

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