South Korea’s constitutional court on Thursday narrowly upheld a law banning same-sex relations within the armed forces, citing a possible risk to the military’s combat readiness in a ruling criticised by activists as a setback for gay rights.
Under the country’s military criminal act, members of the armed forces face up to two years in prison for same-sex relationships. The law has been referred to the court and upheld by it four times since 2002.
In Thursday’s five-to-four ruling, the court said allowing same-sex relations could undermine discipline within the military and harm its combat capabilities.
What an insult to the gay men who are willing to serve the country no matter what
Military service is not optional in South Korea.
That’s the thing: most of them are not willingly there. Military service is compulsory for all able-bodied, South Korean men.