In a decision that has been viewed as a major setback for LGBT rights in South Korea, the country’s constitutional court has upheld a law that prohibits same-sex relations in the military. This ruling has caused outrage among activists who argue that it further fuels violence and discrimination against gay soldiers and institutionalizes discrimination against the LGBT community.
The court argued that same-sex relationships could harm combat-readiness and undermine discipline within the military. However, it is important to note that same-sex intercourse between civilians is not considered a crime in South Korea.
The ban is particularly significant considering that military service is compulsory for all able-bodied men between the ages of 18 and 28, lasting for approximately 20 months. This means that many young men within the LGBT community are forced to hide their identity or face the risk of being punished.
Amnesty International East Asia researcher, Boram Jang, expressed disappointment in the ruling, stating that it reinforces systematic disadvantages faced by LGBT individuals and increases the risk of violence against them, both within the military and in everyday life.
The court’s decision was made in a five-to-four vote, upholding article 92-6 of the military criminal act. Although the act does not explicitly mention same-sex intercourse, it prohibits “anal intercourse” and “any other indecent act” during military service. This marks the fourth time since 2002 that the court has upheld the law.
Critics argue that while homosexuality itself is not illegal in South Korea and has not been classified as “harmful and obscene” since 2003, discrimination against the LGBT community remains widespread. Same-sex marriage is not recognized, and being gay is often stigmatized as a disability or medical condition.
The ruling has led to further calls for progress and the elimination of discrimination against the LGBT community. Centre for Military Human Rights Korea head, Lim Tae-hoon, voiced frustration at the lack of progress in the minds of Constitutional Judges, stating, “The world has advanced toward the elimination of LGBT discrimination, but the minds of Constitutional Judges have not taken a single step forward.”
This decision serves as a reminder of the ongoing challenges faced by the LGBT community in South Korea and highlights the need for continued advocacy and support in the fight for equality and acceptance.
