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South Korea court upholds military gay sex ban, saying it affects combat readiness

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South Korea court upholds military gay sex ban, saying it affects combat readiness

South Korea’s constitutional court has 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.

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Rights groups have been urging the court to scrap what they describe as an “outdated and bad” law, after the Supreme Court last year overturned a military court’s conviction of two soldiers sentenced to suspended prison terms for a consensual same-sex relationship.

Activists say the law fuels violence and discrimination against gay soldiers, and leads to their stigmatisation.

“This continued endorsement for the criminalisation of consensual same-sex acts within the Korean military is a distressing setback in the decades-long struggle for equality in the country,” Boram Jang, Amnesty International’s East Asia researcher, said in a statement after Thursday’s ruling.

South Korea has one of the world’s largest active armies, with all able-bodied men between the ages of 18 and 28 required to serve between 18 and 21 months.

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