“Cutting Up a Chicken with a Cow-Cleaver”—Confucianism as a Religion in Japan’s Courts of Law

Abstract

This paper explores the Naha Confucius Temple case, resolved by the Supreme Court in February 2021, in light of postwar decisions on Articles 20 and 89 of the Japanese constitution. Religion is a contested category in Japanese legislation, appearing both in the constitution and in laws regulating the freedoms and restrictions of legally registered religious organizations. While the organization behind the Confucius Temple in Naha was registered as a general corporate juridical person, the majority opinion sided with the plaintiffs’ argument that the free lease granted to the temple by the municipality of Naha constituted a violence of the ban on public sponsorship of religious institutions and activities. In order to reach their decision, the Supreme Court and the lower courts not only had to decide on whether Confucianism was a religion or not, but also on whether the organization behind the temple—a group dedicated to the history and memory of the Chinese immigrant community in Naha—should in fact be considered a religious organization. The outcome of the case is a good example of religion-making in courts of law, with a central institution of power employing notions of sui generis religion to regulate and define civil actors.