South Korea Court Upholds Military Same-Sex Relationships Ban

Facts

• South Korea's constitutional court upheld a law prohibiting same-sex relationships in the military on Thursday.¹
• In a five-to-four vote, the court ruled that same-sex relationships could harm troops' combat readiness and jeopardize the army’s discipline.²
• 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.³
• The court ruled that Article 92-6 of the Act — which bans some acts as 'indecent” in the armed forces — was constitutional.⁴
• 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.⁵
• 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.³

Sources: ¹BBC News, ²CNN, ³Firstpost, ⁴Yonhap News Agency and ⁵Reuters.

Narratives

• Narrative A, as provided by The Guardian. The decision to uphold an outdated law — which fuels violence and discrimination against and stigmatization of soldiers in the LGBTQ community — is a distressing setback in the decades-long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.
• Narrative B, as provided by Korea Herald. 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.