South Korea High Court Upholds Ban on Gay Sex in the Military

SEOUL, KR — (10-30-23) — South Korea’s constitutional court has upheld the ban on gay sex in the military, a long standing law against same-sex relations in the military, in what activists have called a major setback for LGBT rights for Korean citizens who put their lives on the life for the nation.

South Korea’s constitutional court is one of the country’ highest courts next to its Supreme Court, said that same-sex relationships could harm troops’ combat-readiness, moral and undermine discipline. While it is not a crime for gay “anal” intercourse between civilians, it is banned in the military.

Background South Korea Military

Military service is mandatory in South Korea, with all able-bodied men aged between 18 and 28 required to serve for 20 months. Needless to say LGBT activists were quick to condemned the ruling, saying it fuels violence and discrimination against gay soldiers.

The ban has “institutionalized discrimination, reinforced systematic disadvantages faced by LGBT people and risked inciting or justifying violence against them, both inside the military and in everyday life”, Amnesty International East Asia researcher Boram Jang said in a statement.

The constitutional court, in a five-to-four vote, ruled that article 92-6 of the military criminal act was constitutional. The act does not explicitly refer to same-sex intercourse but bans “anal intercourse” or “any other indecent act” during service.

This was also the fourth time since 2002 that the court has upheld the law, which carries a prison term of up to two years in convicted.

“The world has advanced toward the elimination of LGBT discrimination, but the minds of Constitutional Judges have not taken a single step forward,” said Centre for Military Human Rights Korea head Lim Tae-hoon in a statement.

Article by: Paul Goldberg, Staff Writer

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