“Inclusive of Same-Sex Marriage Not Within the Scope of Marriage” Court Ruling Takes Step Back from 10 Years Ago

A recent South Korean court ruling has been criticized for moving backward in terms of LGBTQ+ rights compared to a decade ago. Three couples in Busan, Daegu, and Ulsan, who filed a "marriage equality lawsuit" against their respective courts, are dissatisfied with the decision. The couples had sought to have their marriages recognized, but the courts dismissed their claims and rejected their request for a constitutional review.

The Ulsan Family Court (July 24), Busan Family Court (August 11), and Daegu Family Court (August 12) all ruled in favor of the conservative interpretation of marriage as being between a man and a woman, excluding same-sex couples. This is the first time such a case has been heard at the local level for the couples, who had previously filed marriage equality lawsuits in the capital region in 2024.

Despite being allowed to submit marriage applications, the courts classified their relationships as "unrepairable" and did not consider their pleas. The courts' decision to follow the 2021 ruling of the Seoul Central District Court, which denied recognition of same-sex relationships for practical purposes, has been seen as regressive.

The lawyers representing the couples, including Jeon I-jun, expressed disappointment with the courts' lack of respect for the couples' lives and their struggle for equality. The 'All of Us Marriage' civil rights organization plans to appeal the decision and seek a constitutional review from a higher court.