Same-sex couple and LGBTQ+ activists call for Supreme Court to recognize their marriage and rights

At 11 a.m. on February 21, a rainbow appeared in cloudy downtown Seoul.

People in hot pink hoodies holding rainbow-printed umbrellas gathered in front of the main entrance to the Supreme Court in Seocho-gu, Seoul. Most of them looked cheerful despite the gusting winds and hailstones whose size was as big as grains of sand.

"The weather is so cold."

There was a hint of nervousness on the faces of two men wearing the same colorful scarves as they greeted LGBTQ+ activists.

They are Kim Yong-min and So Sung-wook, a couple who have been married for six years. Although their marriage was not legally recognized because they are a same-sex couple, they were granted their rights under the social security system for the first time by a court last year. The Seoul High Court ruled on February 21 last year that "same-sex couples should be recognized as health insurance dependents," in an appeals case filed by So and his spouse against the National Health Insurance Service (NHIS). Unlike heterosexual couples, who are in a de facto marriage, the court ruled that the NHIS’ refusal to recognize same-sex couples as dependents of their spouses, who are a subscriber of the national health insurance plan at work, was a discriminatory act.

It's been over a year since the court ruled in favor of So and his partner. But there has been no real change in their lives. They are still waiting for the Supreme Court's ruling, as the NHIS appealed against the decision. "This day of last year was the first time a Korean court confirmed the relationships of LGBTQ+ couples who were already living as a family," Kim said. “I saw hope that same-sex couples' relationships would be legally recognized and protected in Korea in the future."

However, he said, "the NHIS appealed and the Supreme Court hasn't made a decision for over a year. And as a result, we are living with the constant fear of what could happen in the absence of a system to protect our relationship." So is still not registered as a dependent of his partner Kim, who is a subscriber of the national health insurance plan at work.

So, who began to talk by introducing himself as "Yong-min's husband," said, "There are already lots of same-sex couples living in Korean society supporting each other just like us," adding, "The Supreme Court should play a role in opening ‘the door to equality,’ which was first opened by the high court, so that it does not close again." This means that if the Supreme Court upholds the ruling of the second trial as it is, other same-sex couples’ status and social security rights will also be recognized within the confines of the current law.

So said that not only the court but also the National Assembly has a responsibility to protect the rights of LGBTQ+ people. Even if the Supreme Court makes a forward-looking ruling, it won't completely ease our anxiety," he said. "The ruling is limited to the dependent system of health insurance plans, which is not enough to protect our relationship." He also urged, "I hope that the National Assembly will join us on the path to equality by enacting the Marriage Equality Act."

"The international community is taking steps towards eliminating discriminatory systems against LGBTQ+ people," said Myung Hee-soo, a campaigner at Amnesty International Korea, emphasizing that Korea should not go backwards. "Many LGBTQ+ people are not guaranteed the right to marry, nor can they imagine how they can realize their dreams in society from the time they grow up. I hope the court will send up a signal flare of equality that is yet to come," said Jio, an activist from Marriage for All Korea.

While they chanted "The Supreme Court should recognize the rights of same-sex couples" and "Let's achieve marriage equality," a counter-rally was held nearby.

"Marriage is a union between a man and a woman. The Supreme Court should never recognize the health insurance status of same-sex couples!"

Amid conflicting slogans from those opposed to guaranteeing rights for same-sex couples, So concluded his remarks. "May Korea become a country where everyone is equal in love, and may that day come sooner rather than later."

※This article has undergone review by a professional translator after being translated by an AI translation tool.