My SNA Visible Minorities 45: “Judges Strip Equal Protection from Naturalized Citizens”, on the unjust Aigi Country Club decision (Apr 24, 2023) (full text)
My Debito.org post from yesterday has become a full-blown column at the Shingetsu News Agency. Here’s the opening:
SNA (Tokyo) — It’s the next stage of evolution in Japan’s variant of racial discrimination: a naturalized Japanese citizen was last year denied membership at a golf course—explicitly for being a former foreigner. He sued. This month a district court in Mie Prefecture ruled that this was not an illegal act of discrimination.
You read that right: not illegal. Follow me down this rabbit hole.
Aigi Country Club in Kani city, Gifu Prefecture, refused a former Zainichi Korean with Japanese citizenship. Their justification, according to the Asahi Shinbun, was that “our club has a quota for foreign nationals and former foreign nationals who have become naturalized Japanese and restricts new memberships. We currently have no vacancies in that quota.”
In court, Aigi Country Club duplicitously denied outright racism by claiming that they refused him for more reasons than foreign roots. It didn’t matter. The judges acknowledged that the plaintiff was refused for being foreign and they still ruled against him. They accepted that this was an instance of discrimination, but it wasn’t enough discrimination.
The judges ruled that a golfing club by design is a “closed and private organization with strong personal ties among its members” and that Article 21 of the Constitution guarantees “freedom of association.” In their reading, private groups are free to decide their membership criteria and, at any rate, playing golf is “not indispensable for social life.”
In sum, it wasn’t an instance of discrimination “beyond socially acceptable limits.” Really? Let’s parse the legal reasoning and put it in context in terms of the arc of court precedents on racial discrimination in Japan…