What is a violation of the separation of church and state? ⇒ The Constitution prohibits the state from 'supporting or forcing a specific religion' (state religious neutrality), but does not prohibit 'the involvement of religious organizations in politics' (Article 20, Paragraph 3 and Article 89 of the Constitution).

Regarding the relationship between 'separation of church and state' and the Komeito party/Soka Gakkai.

💡 The relationship between the separation of church and state and the Komeito party/Soka Gakkai

The main points based on Komeito's claims and relevant constitutional interpretations are as follows.

1. 【The Principle of Separation of Church and State】 What the Constitution prohibits is the state 'supporting or forcing a specific religion' (state religious neutrality), and it does not prohibit 'the involvement of religious organizations in politics' itself. (Article 20, Paragraph 3 and Article 89 of the Constitution)

2. 【Freedom of Political Participation】 The Constitution of Japan guarantees everyone freedom of political participation (freedom of expression, right to vote, etc.), and the formation or support of political parties by religious individuals or organizations is included in this freedom and is not, in principle, a violation of the Constitution.

3. 【Interpretation at the Time of Constitution Enactment】 In parliamentary responses at the time the Constitution was enacted (by the Director-General of the Cabinet Legislation Bureau, etc.), it was confirmed that 'it is not a violation of the principle of separation of church and state for religious individuals to form political parties and engage in political activities.'

4. 【Purpose and Effect Test】 The standard used by the Supreme Court to judge violations of the separation of church and state is whether 'the purpose of the act has religious significance, and whether its effect results in supporting or promoting a specific religion.' It is argued that Komeito's policy implementation and legislative activities are conducted for secular and public interest purposes.

5. 【Komeito's Founding Spirit】 It is explained that Komeito operates as a secular political party that solves welfare and daily life issues based on the founding spirit of 'together with the masses', rather than for a specific religion (Soka Gakkai).

6. 【Organizational Separation】 Although Soka Gakkai is a 'supporting base', it is argued that Komeito and Soka Gakkai are separate organizations and that Komeito does not receive special privileges from Soka Gakkai nor does it act as a proxy for its political power.

7. 【Comparison with Other Cases】 There are cases of religious organizations involving themselves in or supporting politics other than Komeito and Soka Gakkai, and it is pointed out that, for example, the mere fact that a specific religious organization supports a specific political party's election campaign does not immediately constitute a violation of the principle of separation of church and state.

8. [Lessons from the past] In the past (after the freedom of speech and publication obstruction incident), the Komeito party and Soka Gakkai promised society that they would separate the relationship between the two and this promise has become the basis for criticism from some quarters that it is not being sufficiently upheld.

9. [Concerns regarding democracy] Even if it is not unconstitutional, there are also points made that 'a specific religious organization having significant influence over the state governance mechanism poses certain risks from the perspective of the fairness of democracy,' and there are voices calling for self-awareness from the Komeito party.

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'Violation of the separation of church and state' refers to a state where the state or its organs are unfairly connected to a specific religion or engage in religious activities. This is an act that violates the 'principle of separation of church and state' stipulated by the Constitution of Japan.

The Constitution of Japan guarantees the individual's freedom of religion, and therefore requires the state to be neutral toward religion.

💡 The principle of separation of church and state

The principle of separation of church and state is primarily composed of the following provisions.

1. Prohibition of religious activities by the state (Article 20, Paragraph 3 of the Constitution)

   • The state and its organs shall not engage in religious education or any other religious activity.

2. Prohibition of granting privileges to religious organizations and exercising political power (Article 20, Paragraph 1, second sentence of the Constitution)

   • No religious organization shall receive any privileges from the state or exercise any political authority.

3. Restrictions on the expenditure of public funds and the use of public property (Article 89, first sentence of the Constitution)

   • No public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association,expended, or made available for its use.

⚖️ Criteria for judging violations of the separation of church and state

When determining whether the actions of the state or public entities violate the separation of church and state, the courts primarily adopt the **"purpose and effect test."**

According to this standard, there is a high possibility of a violation of the separation of church and state (violation of Article 20, Paragraph 3 of the Constitution) if the actions of the state or public entities meet both of the following two conditions.

1. The purpose of the act has a religious significance.

2. The effect of the act is to aid, promote, or facilitate, or oppress or interfere with a specific religion.

However, this does not mean that any involvement between the state and religion is "completely forbidden." For example, in cases such as the expenditure of subsidies for religious facilities with historical or cultural value, whether the involvement exceeds the "limits considered reasonable" in light of social and cultural conditions becomes important in individual cases.

🏢 Major past cases

Representative cases where violations of the separation of church and state were at issue include the following:

Case Overview Supreme Court JudgmentTsu Groundbreaking Ceremony CaseA case where the city spent public funds on a Shinto-style groundbreaking ceremony for the construction of a municipal gymnasium. ❌ Not a violation (within the scope permitted as a secular custom) Ehime Tamagushiryo LawsuitA case where Ehime Prefecture spent public funds on Tamagushiryo (money offered for Shinto rituals) for festivals at Yasukuni Shrine and others. ✅ It is a violation (expenditure of public funds for specific religious facilities/religious events exceeds reasonable limits).

As in the Ehime Tamagushiryo Lawsuit, when public funds are spent on a "central religious event of a specific religious organization" and it is judged that the effect is "aid or promotion of a specific religion," it is considered a violation of the separation of church and state.