The visits to the war-related shrine is a recurring source of diplomatic friction with China and South Korea. It has prompted several lawsuits charging that Prime Minister Junichiro Koizumi is violating the Constitution's separation of state and religion.

The Tokyo High Court ruled Sept. 29 that Koizumi's 2001 visit to Yasukuni was made in a private capacity and avoided ruling on constitutionality.

On the following day, the Osaka High Court ruled all his visits were official and thus violated Article 20 of the Constitution, which prohibits the state from engaging in religious education or "any other religious activity."

The Osaka court ruled his actions were both religious and official in nature. In all of his visits, he signed the shrine guest book with his name preceded by his title.

So how will the two conflicting rulings affect Koizumi's visits to Yasukuni Shrine?

They probably won't. Observers say this is because the Osaka High Court's ruling does not have binding power on the executive and legislative branches.

(The Japan Times)

Shukan ST: Oct. 14, 2005

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