Tuesday, May 31, 2011

"Top court rules order to stand for anthem constitutional

"The top court for the first time ruled on May 30 that it is constitutional for a principal to order a school's teachers to stand for the singing of the Japanese "Kimigayo" national anthem at the school's graduation ceremony.

"The decision is expected to affect similar lawsuits as well as school policies around the country.

"The lawsuit was filed by a 64-year-old former teacher of a Tokyo metropolitan high school who was reprimanded for not standing and facing the Hinomaru national flag while the "Kimigayo" was sung at the graduation ceremony in March 2004.

"The teacher was refused re-employment as a contract worker when he reached retirement age in March 2007. He filed the suit, seeking damages from the metropolitan government.

"The Tokyo District Court in January 2009 ruled that the principal's order was constitutional. But the court ordered the metropolitan government to pay about 2.1 million yen ($25,980), saying it abused its discretionary power because he followed the principal's orders after March 2004.

"The Tokyo High Court in October 2009 rejected the plaintiff's claims, saying that the metropolitan government has broad discretionary powers, and the former teacher appealed the ruling.

"On May 30, the Supreme Court said the order to stand for the national anthem does not violate Article 19 of the Constitution, which guarantees freedom of thought and conscience.

"The Second Petty Bench said it is difficult to consider the act of standing for the "Kimigayo" an expression of a specific thought or a thought against it.

"The ruling said the order does not force or forbid a specific thought and does not immediately restrict an individual's freedom of thought and conscience."

By Asahi Shimbun (5/31/2011), Link to article (last visited 5/31/2011)

1 comment:

bail bonds las vegas said...

If someone stopped my kid from standing for our national anthem in the US, I'd have to bail myself out of jail. Can't believe someone there would say it's unconstitutional to make a teacher stand for it. Where did this liberal disease come from and how has it festered to this extent throughout the world?

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