South Korea's constitutional court, on Thursday, has upheld two anti-LGBTQI laws. This includes a law banning same-sex relations in the military. In a judgement, the court said that same-sex relations would be a 'threat' to combat readiness.
The court desisted from calling a clause in the Military Criminal Act that bans “anal intercourse” or “any other indecent act” during service as unconstitutional. Such acts are banned even if they are consensual or the military personnel are on leave.
Engaging in such an act could lead to punishments of up to two years in prison. LGBTQ activists have decried the ruling and view it as discriminatory. Previously, the law has been used to arrest several people. One of the judges stated that opportunities for same-sex relations were frequent as there were many men in the military. Same-sex relations among civilians, however, isn't a crime. It is unclear whether same-sex relations between women is banned.
Lim Tae-hoon, head of the Center for Military Human Rights Korea, which assists soldiers including those accused of breaking the anti-sodomy law, said the decision was “absurd, illogical, regressive and driven by prejudice, The Guardian reported.
In South Korea, all able-bodied men between ages 18 and 28 are required to serve at least 20 months in the military. While homosexuality in South Korea is no longer considered to be 'harmful and obscene, discrimination against the LGBTQ community is still widespread. In 2021 two soldiers were criminally punished for a consensual sexual act. At the time, a court said their actions “bordered on rape”.