Kakunaga v. Sekiguchi

31 Minsh 4 at p. 533 (1977)

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Kakunaga v. Sekiguchi

Japan Supreme Court
31 Minsh 4 at p. 533 (1977)

Facts

In January 1965, the municipality of Tsu City sponsored a groundbreaking ceremony for a school gymnasium. Four Shinto priests conducted this groundbreaking ceremony, which is also known as jichinsai. The municipality designated city employees as ushers for the groundbreaking ceremony, and Kakunaga (defendant), the mayor, allocated public funds to pay the Shinto priests. Sekiguchi (plaintiff) sued the city over the payment of the Shinto priests, arguing that the payment violated Paragraph 3 of Article 20 of the Japanese Constitution. The trial court ruled the groundbreaking ceremony was a folk ceremony rather than a religious ceremony and that the payments were constitutional. On appeal, the court of appeals reversed, finding the groundbreaking ceremony was a religious rite of Shintoism. The court of appeals found that Paragraph 3 of Article 20 prohibited any religious involvement in any act expressing religious faith. The court of appeals concluded that the government’s involvement in and expenditures related to the groundbreaking ceremony was unconstitutional. Kakunaga appealed, arguing the court of appeals erred by determining the groundbreaking ceremony was a religious activity prohibited under Paragraph 3 of Article 20.

Rule of Law

Issue

Holding and Reasoning ()

Dissent (Ekizo, J.)

Dissent (Ekizo, Shigemitsu, Takaaki, Shoichi, J.J.)

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