Landmark Court Ruling, Is South Korea Closer to Gay Marriage?

July 24, 2024
ALEXANDER

Is South Korea Closer to Gay Marriage?

LGBTQ+ enthusiasts in South Korea are heralding a recent Supreme Court decision that shows the nation may be moving closer to legalizing gay marriage. In a suit in the courts since 2021, it was decided last week that the nation's National Insurance Service must extend benefits to same-sex couples.

View this post on Instagram

A post shared by 서울퀴어퍼레이드 Seoul Queer Parade (@sqpexe)

With gay marriage not being legal in South Korea, So Seong-wook and Kim Yong-min entered into a common-law marriage in 2019. Originally, So was covered under Kim's insurance plan. But after some newspaper articles came out about the couple, they rescinded the coverage. The couple filed a lawsuit in 2021 and originally lost. A court of appeals overturned that decision, and last week the Supreme Court upheld the appeal court's decision. The court officially stated that loss of insurance coverage "discriminates against people in a de facto marriage relationship without any rational reason, and is illegal as it violates the principle of equality under the Constitution. It is a violation of human dignity and value, the right to pursue happiness, freedom of privacy, and the right to equality before the law.”

[행성인 축전] “사랑이 이긴다! 평등한 세상으로 가자”https://t.co/jCpC19MRZS
긴 말 필요없다. 한국사회는 성소수자의 평등한 권리 보장에 나서야 한다. 동성혼 법제화를 실현하고 차별금지법 즉각 제정하라! pic.twitter.com/jWOjgev259
— 행동하는성소수자인권연대 (@lgbtaction) July 18, 2024

This ruling will now extend to all common law gay marriages and it is seen as the first step of reform towards equal rights for gay couples. Still, a national poll indicates that only 41% of South Koreans support same-sex marriages. The nation currently has no LGBTQ discrimination laws on the books, and adoption is illegal for gay couples. A Human Rights Watch investigation indicates that bullying of LGBTQ youth is a big issue. The nation does not outlaw gay sex, but any military who is caught having same-sex intercourse is punishable as a criminal, and there is a two-year requirement for all men.

According to the Franklin & Marshall Global Barometer of Gay Rights, South Korea rates with an "F" for persecuting LGBTQ communities. Non-binary and trans people are banned from serving in the military. After 20 years old, trans citizens are allowed to receive gender-affirming care and are allowed to change their gender on their IDs. Many of the LGBTQ community remain in the closet for fear of being ostracized by family, work, and the government.