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Love vs law: South Korea must act now to enshrine marriage equality for all



LGBTQ+ rights have taken steps forward in recent years, but a lack of legal protections is a major obstacle to progress


By Simon Williams-Im, Blogger of SeoulTheJourney


Over the years, South Korea has become a formidable technological and economic powerhouse, leaping forward at an impressive pace. Yet South Korea continues to grapple with a more foundational and human challenge: recognizing and securing the rights of same-sex couples.

A pivotal moment for the LGBTQ community occurred in 2013. Two men, Kim Jho Kwang-soo and Kim Seung-hwan, both public figures, defied the norm by holding a public “marriage” ceremony in Seoul. They hoped that this audacious step would challenge the Korean government to recognize their union and mark a call for change.

They were not alone in their quest. Their bold act reverberated with many other gay and lesbian Koreans who had sought recognition for their marriages outside of South Korea. Their pleas and petitions paint a poignant picture of love thwarted by a legal system that refuses to acknowledge their bonds.

They continue to aspire for recognition even now as lawmakers discuss the constitutionality of their unions.


Though the LGBTQ community in South Korea continues to face an uphill battle for equal rights, hope remains. More than 88% of people who responded to a survey by the National Human Rights Commission of Korea in 2020 agreed with the need to pass an anti-discrimination law.

But while there’s been a noteworthy shift in societal attitudes on LGBTQ rights — especially among younger generations — the country must now act to enshrine protections for same-sex couples and ensure equality for all.


Tradition VS Progress

Homosexuality and same-sex marriage remain largely taboo in South Korea. However, a subtle yet significant shift toward a more inclusive society is emerging, fueled by growing public awareness and acceptance of various sexual orientations.

Recent polling indicates that progress is indeed on the horizon. A growing number of South Koreans are championing the legal recognition of same-sex couples. This shift, predominantly seen among younger demographics, is arguably influenced by increased exposure to LGBTQ+ media and the burgeoning influence of progressive values.

Yet not all assessments paint such an optimistic picture. In 2019, South Korea received a disheartening “F” grade in the Franklin and Marshall Global Barometer of Gay Rights. This assessment evaluated LGBTQ+ rights across 38 Organisation for Economic Co-operation and Development (OECD) member states. South Korea’s low ranking was largely attributed to the country’s glaring absence of legal protections against discrimination based on sexual orientation or gender identity.

This leaves same-sex couples and LGBTQ+ individuals grappling with challenges — such as marriage registration and adoption — that many take for granted.

Despite these institutional hurdles, the vibrant narratives of LGBTQ+ couples are beginning to ripple through
society.

For instance, YouTube channels that feature LGBTQ+ couples, such as “Appa n Daddy” and “Mango Couple,” have attracted hundreds of thousands of viewers and subscribers. By providing a glimpse into the lives of same-sex couples navigating family life, they paint a compelling portrait of fully integrated LGBTQ+ families within a
traditional Korean framework.

The signs of progress are apparent in various societal sectors. Korean Air recently permitted same-sex couples to register as families for their travel program. Meanwhile, increased LGBTQ+ representation in popular media and the growth of Pride marketing signals a shift in cultural perceptions.

An important breakthrough occurred earlier this year when a court ruling led to the legal recognition of same-sex couples for National Health Insurance. Park Han, the attorney who represented the same-sex couple that attained eligibility for spousal health insurance, celebrated the ruling as the “first case in which a [ROK] court has recognized the legal status of a same-sex couple.”

This recognition was further cemented by the introduction of the first same-sex marriage bill in mid-2023.

For international couples, the Binational LGBTQ Couples in Korea group provides a crucial forum for multinational same-sex couples trying to secure legal status in South Korea, as current visa application processes do not clearly accommodate same-sex partners.

Indeed, the relentless work of advocacy groups, such as QueerForum, Queer Korea and Binational LGBTQ Couples in Korea, is gradually driving change.

Still, the annual controversy surrounding the hosting of Pride in Seoul Plaza — denied this year in favor of a Christian youth concert — underscores the enduring social tensions around LGBTQ+ issues.


Winds of Change

The struggles and persistent challenges confronting same-sex couples in South Korea underline the urgent need for recognition and legal protection.

The absence of legal recognition remains a major obstacle. Couples continue to grapple with discrimination and marginalization in many aspects of their lives, ranging from access to health care and insurance to day-to-day legal concerns.

However, there is an undeniable silver lining: The emergence of support groups and the increasing visibility of LGBTQ+ rights advocates signal a growing movement for change.

The conversation about legalizing same-sex marriage in South Korea extends beyond the realm of equal rights; it is fundamentally a human rights discourse. It is critical to relentlessly advocate for inclusive policies, engage in global dialogue and foster awareness and education to create a more accepting society.

As South Korea progresses toward its aspiration of becoming a “global pivotal state,” the international community is increasingly attentive to its actions. This has been more apparent as the country engages in high-profile international events like the Group of Seven (G7) summit and once again becomes a non-permanent member of the U.N. Security Council.

This heightened international focus places the onus on Seoul to reassess and update its legal system and public image in a manner that aligns with its evolving status on the global stage.

By legally acknowledging and accepting same-sex relationships, South Korea has the opportunity to reinforce the bonds of love and commitment among its citizenry. It can ensure that all individuals, regardless of their sexual orientation or gender identity, are accorded the dignity and respect they inherently deserve.



Photographs by Simon Williams-Im

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