Part 24: Civil Rights and Religious Freedom in Japan

This is part 24 of my series on Shinto as a civil religion, you can find the rest of the series here.

Religious Freedom

Religious freedom was introduced in Japan with the Meiji Constitution in 1889, guaranteed under Article 28, which states:

“Japanese subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief.”

While this provision introduced the concept of religious freedom, it was not absolute. If practicing a religion was deemed disruptive to peace, order, or a citizen’s duties, the right could be restricted. In practice, this clause often limited freedom of religion, as local communities frequently shamed or ostracized individuals, particularly Christians and Buddhists, for refusing to participate in Shinto or national rituals.

One notable case occurred in 1891 when a Christian teacher, Uchimura Kanzō, refused to bow to The Imperial Rescript on Education. Uchimura explained that his Christian beliefs did not permit such a gesture. As a result, he spent weeks apologizing and justifying his actions to students and colleagues. He wrote:

“For a week after the ceremony, I received several students and [professors] who came to me, and with all the meekness I could muster … I told them also that the good Emperor must have given the [rescript] to his subjects not to be bowed unto, but to be obeyed in our daily walks in life.”

While Uchimura’s patriotism was not in question, his refusal to participate in what was essentially a civil religious ritual triggered suspicion and hostility toward Christians. Christians were already viewed unfavorably by many Japanese, who saw the religion as unpatriotic and incompatible with Japanese identity. Uchimura was dismissed by the Minister of Education, and Shinto priests and Buddhist monks joined in denouncing him.

This reaction demonstrates how the right to religious freedom was often overlooked in favor of enforcing participation in civil religious practices tied to Shinto. Rather than protesting the violation of their rights, many Christians focused on proving that Christianity was not unpatriotic.

The Religious Organizations Law

In 1899, parts of the Japanese government sought to pass sweeping legislation that would grant the state greater control over religious organizations. If implemented, the law would have required religious groups to seek government approval for their leadership and the construction of new buildings, among other restrictions.

The proposed law faced significant opposition and was repeatedly blocked, as it conflicted with Article 28 of the constitution. Religious leaders often opposed the law on the grounds that it would favor certain religions over others. For example, some Buddhist sects objected to being equated with Christianity, which they considered inferior.

Ultimately, portions of the law were implemented by Prime Minister Yamagata Aritomo, who bypassed the legislative body by invoking Article 9 of the constitution, which allowed the government to issue ordinances. These measures enabled police to monitor religious organizations closely and even disrupt rituals deemed undesirable.

In 1940, the full Religious Organizations Law was finally enacted. Notably, Shinto was excluded from this legislation, as it was not classified as a religion but as part of Japanese civic life. This exclusion reinforced the dominance of Shinto and its role in civil religion. Had the law been passed in 1899, the government could have suppressed other religions to favor Shinto. Even without the full law, however, Shinto and its rituals quickly became central to the spread of civil religion.

Academic Freedom and Shinto

As Shinto rituals were not officially classified as religious but as intrinsic to Japanese identity, participation in them was considered a civic duty. This perception, combined with the growing authority of Shinto priests, led to the suppression of academic freedom.

In 1891, Kume Kunitake, a professor, published a paper arguing that Shinto was merely a component of an ancient religion and, therefore, should not be classified as a religion. Shinto priests strongly objected to this claim, and in 1892, Kume was dismissed from his professorship.

This event demonstrates the influence Shinto priests wielded, as they were able to pressure authorities into dismissing a university professor. It also had a chilling effect on other academics, who became more cautious in their writings about Shinto.

This incident is an example of bottom-up civil religion, where a group of citizens (in this case, Shinto priests) enforced adherence to civil religious norms by punishing those who deviated from them. The suppression of Kume’s views illustrates how civil religion extended beyond state enforcement, as societal pressures played a significant role in maintaining conformity.

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