South Korea’s recognition of same-sex couples opens debate on pro-marriage law for everyone.

A year ago, hopes for LGBT+ couples in South Korea to finally achieve some form of recognition were fading. But a ruling by the Seoul High Court set a precedent that led to the proposed law. Jang Hae-young, an MP from the Justice Party, brought a text in favor of same-sex marriage to parliament on Wednesday, May 31. A historic first, which advocates for sexual minorities welcome, in a context where a strong conservative side of South Korean society continues to oppose them. “True Enmity”According to the Human Rights Watch organization.

The two men, So Seong-wook and Kim Yong-min, were symbolically married in 2019 in a ceremony that had no legal effect. They live together as a married couple. Mr So will then register his partner as a dependent with the country’s health insurance service, the National Health Insurance Service (NHIS). Eight months later, Mr. Kim’s status was revoked after the NHIS discovered that Mr. Soo and Mr. Kim were a same-sex couple.

In 2021, Mr. So sued the facility after the benefits his partner had received were terminated. The Seoul Administrative Court rejects his request and rules in favor of the NHIS in 2022: “According to the lawThe court then asserts, The union of a man and a woman is understood as a fundamental element of marriage, and there is no legal basis for extending this definition to same-sex couples. »

Discrimination on the basis of sexual orientation

Major change: In February 2023, the Seoul High Court overturned that decision and ordered the Health Insurance Service to reinstate Mr. Kim’s benefits. The judges recalled that Social Security law allows married couples to register for one member who is a dependent of the other. They also believe that exempting same-sex couples could be considered discrimination on the basis of sexual orientation.

“The complainant and her partner are men, but they see each other as loving partners who care for each other. One is financially dependent on the other. They announced their reunion in front of their families and friends. Therefore, their relationship, in its essence, is no different from that of a married couple.concludes the court’s decision, which specifies, however, if this decision is the first in South Korea, it is in no way a recognition “Legal Status” Same-sex marriage.

A “Decision [qui] Gives hope that prejudice can be overcome”said Boram Jang, East Asia researcher at Amnesty International. Despite this, “There is still a long way to go to end discrimination against the LGBT community”she argued.

“deeply patriarchal system”

On several occasions, the Democratic Party of Korea has proposed laws aimed at combating discrimination against sexual minorities. Although none of these have ever been adopted, influential evangelical churches have campaigned to prevent the LGBT+ community from accessing rights such as marriage.

Therefore, political support for a legal union between two people of the same sex was never discussed. In fact, nothing is forbidden, but nothing is allowed and neither is it recognized. In 2013, director Kim Joo Kwang-soo himself dreamed of a big wedding with his partner. The union took place, but remained symbolic.

daily Korea messenger A month ago, he said that the Korean constitution “Doesn’t specifically mention same-sex marriage”But Article 36 deals with marriage “Traditionally, marriage has been interpreted to include persons of the opposite sex.”

Thus, the introduction of a text in favor of same-sex marriage in South Korea’s parliament is the first He welcomed the Justice Party. The change is part of a bill that aims to expand the right to start a family, in addition to protecting health care for single women – but not female couples. “Another step towards disrupting the deeply patriarchal system of marriage and family and changing the institutions, practices and culture of our society. (…) more towards equality”Welcomed the Korea Marriage Equality Association.

This new law proposes to establish a union “At the request of both opposite-sex or same-sex parties, to remedy the fact that same-sex marriage petitions have not been accepted to date due to the habitual discrimination in our company.”Deputy Jang Hae-young reveals.

The elected member of the Justice Party defends A “Birth Aid” For single women who wish to apply for medically assisted reproduction, regardless of their marital status. As for the recognition of social motherhood among several women (those who do not give birth to children), no details have been released. MP We also offer A law that allows two unmarried adults to legally live together “Enjoy the legal rights and social support they need to live and care for each other as a family”.

With the support of the Democratic Party, the People’s Power Party, as well as independent MPs, the bill is unlikely to be passed, but will increase pressure on the government, which is gradually pushing to recognize the existence of families outside traditional models.