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South Korean Court Upholds Same-Sex Relations Ban in Military

Court cites potential harm to military discipline and combat readiness as grounds for maintaining the ban on same-sex relations, to the dismay of rights activists.

  • The South Korean constitutional court has upheld a law banning same-sex relations in the military, citing harm to troops' combat-readiness and potential disruption to military discipline.
  • This is the fourth time since 2002 that the law, which carries a prison term of up to two years for military personnel, has been upheld by the court. The military criminal act bans "anal intercourse" or "any other indecent act" during service.
  • While same-sex intercourse between civilians is not a crime in South Korea, the law is seen as systematic discrimination by activists, who claim it leads to violence and discrimination against LGBT servicemen.
  • LGBT activists have criticized the judgment, stating that it is a setback for rights in the country, and fosters institutionalized discrimination against sexual minorities both within the military and in everyday life.
  • Dissenting judges from the court argue that the language in the military criminal act is ambiguous and caution against limiting an individual's sexual orientation in the name of military discipline.
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