However, while funeral rites were designated as a religious act, Shinto priests (with the exception of priests of shrines below the rank of prefectural shrines, who were allowed to practice Shinsosai for a while), who were regarded as government officials (It is agreed that Shrine Shinto was not a religion), were prohibited from performing Shinsosai because it was a religious act.
しかし、葬儀は宗教行為とされる一方、公務員に相当する神職（神社神道は宗教でないとされていた）は宗教活動である神葬祭を行なうことを禁止された。（例外的に府県社以下神社の神職は当分認められた）