Kotohira Jinsha v. McGrath
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| Kotohira Jinsha v. McGrath | |
|---|---|
| Court | United States District Court for the District of Hawaii |
| Full case name | Kotohira Jinsha v. McGrath, Attorney General |
| Decided | June 5, 1950 |
| Citation | 90 F.Supp. 892 |
| Holding | |
| Infringement of the First Amendment by the Federal Government. The Federal Government had no basis to use the Trading with the Enemy Act. Return of property seized by the Federal Government. | |
| Court membership | |
| Judge sitting | J. Frank McLaughlin |
Kotohira Jinsha v. McGrath, Attorney General,. (90 F. Supp. 892) was a District court case allowing Shinto shrines to reopen following World War II.
Kotohira Jinsha Shrine was established in Honolulu, Hawaii in 1924.[1]
December 7, 1941, the Empire of Japan attacked Pearl Harbor; thereafter practice of Shinto was banned by martial law; throughout the war clergy are deported to Japan or transferred to the U.S. mainland.
October 24, 1944, martial law was lifted in Hawaii.
September 2, 1945, Japan surrenders and World War II is over.
December 15, 1945, Shinto Directive abolishes State Shinto, Japan’s state religion.
April 6, 1946, without a clergy, the remaining ministry closes Kotohira Jinsha.
Case
December 31, 1947, with declining tensions towards Japanese tradition, Shintos reopen Kotohira Jinsha despite the absence of a clergy.
June 1, 1948, federal officers raided the shrine under the Trading with the Enemy Act the seize the Kotohira Jinsha property and making arrests.
March 4, 1949, the Federal Government announces the sale of the seized Kotohira Jinsha property.
April 4, 1949, Kotohira Jinsha reacted by hiring law firm, Robertson, Castle & Anthony.
March 31, 1949, Kotohira Jinsha files lawsuit against the Attorney General’s office (held by J. Howard McGrath) for misusing Section 9 of the Trading with the Enemy Act against a civilian organization and not under the influence of the Japanese government.
March 27, 1950, The trial started and ended on May 17, 1950.
May 18, 1950, Judge J. Frank McLaughlin ruled in favor of the plaintiffs, Kotohira Jinsha.
Judge
Plaintiffs
Robertson, Castle & Anthony
Defendants
Attorney General’s office