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South Korea to uphold military gay sex ban

The constitutional court has said queer relationships could undermine discipline and troops' readiness.

By Alastair James

South Korea
South Korea flag (Image: Pexels)

A court in South Korea has upheld a ban on gay sex between people in the military.

The decision was made by the country’s constitutional court which came down to a five-to-four vote in favour of upholding the ban. It relates to Article 92-6 of the Military Criminal Act.

As per the BBC, the article refers to “anal intercourse” and “other indecent acts” rather than explicitly mentioning gay sex. People found guilty of breaking the law can face up to two years in prison. The BBC also reports that this is the fourth time since 2002 that this ruling has been upheld.

The decision has been strongly criticised by LGBTQ activists who see it as setting LGBTQ rights back and risking greater discrimination.

Boram Jang of an East Asia researcher for Amnesty International has said it 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.”

Meanwhile, the court, as per the BBC, has said queer relationships could undermine discipline and troops’ readiness.

In South Korea, it is compulsory for men aged 18 to 28 to serve in the military for 18-21 months.

Homosexuality is legal in South Korea although gay marriage is not. Discrimination also remains a problem for many.

As per Equaldex support for gay marriage and for protections against discrimination for trans people scored high in recent polling.

In a 2019 survey, 45% of people support trans people serving in the military.