South Korea court recognises rights of same-sex couples

LGBTQ supporters march past anti-gay activists during the annual Pride Parade in Seoul in June – Copyright AFP/File Anthony WALLACE

South Korea’s Supreme Court recognised new rights for same-sex couples Thursday, saying the state must provide health insurance for a gay man’s partner in a landmark ruling that left activists weeping for joy.

“National Health Insurance should recognise spousal insurance coverage for same-sex couples,” the court ruled, with activists breaking into cheers as the verdict was read out.

The verdict, which cannot be appealed as it comes from the country’s highest court, means common-law spouses of the same sex can now register as dependents on their partners’ health insurance.

“It is discrimination based on sexual orientation to exclude the couple just because they are same-sex,” the court ruled.

“It is a discriminatory act that violates human dignity and values, the right to pursue happiness, freedom of privacy, and the right to be equal before the law, and the degree of infringement is serious.”

The case was brought by a gay couple, So Seong-wook and Kim Yong-min, who live together and held a wedding ceremony in 2019.

It had no legal validity, however, as South Korea does not recognise same-sex marriage.

In 2021, So sued the National Health Insurance Service (NHIS) because it terminated benefits for his partner — whom he had registered as a dependent — after discovering they were a gay couple.

In a landmark ruling last year, a Seoul High Court found in favour of the couple, mandating that the NHIS reinstate the dependent benefits. 

The service, which grants spousal coverage benefits to common-law partners, appealed the decision, escalating the case to the Supreme Court.

– ‘Historic victory’ –

The Supreme Court ruling is a pivotal moment for the country’s LGBTQI community, and people holding rainbow umbrellas walked out of the court, wiping away tears of joy.

While the country does not recognise same-sex marriages, gay relationships are not criminalised. LGBTQ people tend to live largely under the radar.

Activists have long emphasised the need for legislation against discrimination on the basis of sexual orientation.

A much-discussed anti-discrimination law has languished in the South Korean parliament for years, due to a lack of consensus among MPs.

Outside the court ahead of the verdict, anti-LGBTQI Christian organisations staged a protest, holding up banners saying “let us repent to the Lord”. 

When the couple So Seong-wook and Kim Yong-min attempted to hold a press conference after the verdict, Christian activists disrupted it by speaking in tongues and shouting: “homosexuality is a sin!”

Amnesty International said the ruling was “a historic victory for equality and human rights in South Korea”. 

“The Court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all,” the rights group said in a statement. 

“While this decision is a major milestone, the case itself is a sobering reminder of the lengthy judicial processes that same-sex couples must endure to secure basic rights that should be universally guaranteed.

“It is disheartening that in 2024, same-sex couples still face such significant barriers to equality.”