South Korea

South Korea Court Upholds Military Same-Sex Relationships Ban

Published OCT 27 2023

Story

Image credit: Chung Sung-Jun/Getty Images News via Getty Images

The Facts

South Korea's constitutional court upheld a law prohibiting same-sex relationships in the military on Thursday.
BBC News
In a five-to-four vote, the court ruled that same-sex relationships could harm troops' combat readiness and jeopardize the army’s discipline.
CNN
According to the country’s Military Criminal Act, South Korean military personnel can be imprisoned for up to two years for participating in same-sex relationships.
Firstpost
The court ruled that Article 92-6 of the Act — which bans some acts as "indecent” in the armed forces — was constitutional.
Yonhap News Agency
Thursday’s ruling comes despite the Supreme Court's 2022 decision to overturn a military court's conviction of two soldiers accused of engaging in a consensual same-sex act.
Reuters
It's the fourth time the constitutional court of South Korea — which mandates all able-bodied men between 18 and 28 to serve at least 18 months — has ruled against same-sex relationships in the military.
Firstpost

Sources Split

LEFT

CENTER

RIGHT

ESTAB
CRIT

CENTER

PRO
ESTAB

The Spin

Narrative A

The decision to uphold an outdated law — which fuels violence and discrimination against and stigmatization of soldiers in the LGBTQ community — is a distressing setback in the decades-long struggle for gay rights and equality in the armed forces both in South Korea and worldwide.

guardian

Narrative B

Allowing same-sex relationships between troops would undermine military discipline, potentially upend the army's hierarchy, and thus may impact South Korea's military readiness. In addition, Article 92-6 is not meant to punish sexual orientation but to deter sexual abuse in the army.