The Naha Confucius Temple lawsuit and religion-making in Japan’s courts of law

Abstract

This paper critically examines the process of “religion-making” as it occurs in Japanese courts of law, through an analysis of the recent Naha Confucius Temple case. The case concerned a small Confucius temple built on public land in Naha, the prefectural capital of Okinawa. The mayor of Naha had decided to waver lease for the land, since he considered the temple to be an “educational institution” focused primarily on disseminating knowledge about Okinawan history and local cultural heritage. Although the organization behind the temple was legally registered as a general incorporated foundation, the plaintiff argued that their activities and objectives were clearly religious in nature. In rulings handed down between 2018 and 2021, all three instances of the judiciary ruled in favor of the plaintiff, deciding that despite the organization’s legal status and stated objectives, their connection to Confucianism meant that they should be considered a “religious organization” under law.