South Korea’s Supreme Court has accorded new rights to same-sex couples, ruling on Thursday that gay partners must receive state health insurance, a landmark decision that drew celebratory tears from activists.
The court declared that “National Health Insurance should recognise spousal insurance coverage for same-sex couples,” a ruling that activists welcomed with cheers as it was announced.
The Supreme Court’s verdict, being final and unappealable, permits common-law spouses of the same sex to register as dependents on their partners’ health insurance. The court denoted that excluding couples based solely on sexual orientation constitutes discrimination.
“It is discrimination based on sexual orientation to exclude the couple just because they are same-sex,” the court stated.
“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 court added.
The landmark case was brought by So Seong-wook and Kim Yong-min, a gay couple who have lived together and held a wedding ceremony in 2019, although South Korea does not recognise same-sex marriages legally. In 2021, So Seong-wook filed a lawsuit against the National Health Insurance Service (NHIS) after it withdrew benefits for his partner, who had been registered as a dependent, because they were a gay couple.
A notable ruling last year by a Seoul High Court sided with the couple, compelling the NHIS to restore the dependent benefits. The NHIS, which extends spousal coverage to common-law partners, challenged this decision, escalating the issue to the Supreme Court.
The Supreme Court ruling represents a crucial shift for South Korea’s LGBTQI community. People emerged from the courtroom, many holding rainbow umbrellas and wiping away tears.
Though same-sex marriages are not recognized, gay relationships are not criminalized in South Korea. Nevertheless, LGBTQ individuals often live discreetly. Activists have urged for anti-discrimination legislation on the basis of sexual orientation, though such proposed laws have stalled in the South Korean parliament.
Outside the court, ahead of the verdict, some anti-LGBTQI Christian groups protested, bearing banners that read, “let us repent to the Lord.” After the verdict announcement, the press conference intended by the couple, So Seong-wook and Kim Yong-min, was disrupted by Christian activists denouncing homosexuality.
Amnesty International hailed the ruling as “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,” stated the rights organisation.
“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.”
The court declared that “National Health Insurance should recognise spousal insurance coverage for same-sex couples,” a ruling that activists welcomed with cheers as it was announced.
The Supreme Court’s verdict, being final and unappealable, permits common-law spouses of the same sex to register as dependents on their partners’ health insurance. The court denoted that excluding couples based solely on sexual orientation constitutes discrimination.
“It is discrimination based on sexual orientation to exclude the couple just because they are same-sex,” the court stated.
“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 court added.
The landmark case was brought by So Seong-wook and Kim Yong-min, a gay couple who have lived together and held a wedding ceremony in 2019, although South Korea does not recognise same-sex marriages legally. In 2021, So Seong-wook filed a lawsuit against the National Health Insurance Service (NHIS) after it withdrew benefits for his partner, who had been registered as a dependent, because they were a gay couple.
A notable ruling last year by a Seoul High Court sided with the couple, compelling the NHIS to restore the dependent benefits. The NHIS, which extends spousal coverage to common-law partners, challenged this decision, escalating the issue to the Supreme Court.
The Supreme Court ruling represents a crucial shift for South Korea’s LGBTQI community. People emerged from the courtroom, many holding rainbow umbrellas and wiping away tears.
Though same-sex marriages are not recognized, gay relationships are not criminalized in South Korea. Nevertheless, LGBTQ individuals often live discreetly. Activists have urged for anti-discrimination legislation on the basis of sexual orientation, though such proposed laws have stalled in the South Korean parliament.
Outside the court, ahead of the verdict, some anti-LGBTQI Christian groups protested, bearing banners that read, “let us repent to the Lord.” After the verdict announcement, the press conference intended by the couple, So Seong-wook and Kim Yong-min, was disrupted by Christian activists denouncing homosexuality.
Amnesty International hailed the ruling as “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,” stated the rights organisation.
“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.”
