Connect with us

World

South Korean Gay couple denied health care benefits in court

Advocates criticized the ruling.

Published

on

Emergency Medical Center of National Medical Center Seoul South Korea (Photo by Park Yong Joo)

A court in South Korea rejected a lawsuit brought by a gay couple attempting to gain equal access to health care benefits Friday — a ruling that advocates say highlights the struggles of LGBTQ people trying to gain rights in the country. 

The lawsuit, filed last year by So Seong-wook, challenged South Korea’s National Health Insurance Service (NHIS) after it took away his ability to receive spousal benefits from the employer of his partner Kim Yong-min. 

“The union of a man and woman is still considered the fundamental element of marriage, according to civil law, precedents of the Supreme Court and the Constitutional Court and the general perception of society,” the court ruled, according to the United Press International (UPI). 

The couple is not married as same-sex marriage is not recognized in South Korea. 

However, according to the Korea Herald, the NHIS allowed Kim to register So as his dependent in early 2020 — later reversing the decision citing their same-sex marriage. It was believed to be the first such case in the country. 

In the lawsuit, So claimed he and his partner were discriminated against because the NHIS grants spousal coverage to common-law partners, often used by opposite-sex couples who are not married. 

“Under the current legal system, it is difficult to evaluate the relationship between two people of the same sex as a common-law relationship,” said the ruling. 

At a press conference, So told reporters that they plan to appeal the decision, adding: “I believe a world in which people can live equally is coming soon.”

“Even though the court has left it as a matter for the legislative branch, we will continue to fight until the day that our relationship is recognized,” Kim said outside the court. “I believe that love will eventually win.”

Advocates in South Korea said Friday’s ruling was a missed opportunity to move LGBTQ rights forward in the country, where there are also no anti-discrimination laws protecting sexual and gender minorities.

“The court could have made a more meaningful decision on the case, but they are trying to avoid touching this issue,” Lee Jong-geol, general director of LGBTQ advocacy group Chingusai, told UPI after the verdict. 

“But [the case] may help push the country to see that this is an unavoidable issue that we need to do something about,” he said.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

European Union

Top EU court: Poland must recognize same-sex marriage from other European countries

Activists celebrate landmark decision

Published

on

The Polish Sejm in Warsaw in 2024. The European Union's Court of Justice has ruled Poland must recognize same-sex marriages legally performed in other member states. (Washington Blade photo by Michael K. Lavers)

The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.

The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.

ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”

The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.  

“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.” 

“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”

Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.

Continue Reading

Dominican Republic

Dominican court strikes down police, military sodomy ban

Nov. 18 ruling ‘a decisive step’ against discrimination

Published

on

(Bigstock photo)

The Dominican Republic’s Constitutional Court on Nov. 18 ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members.

Human Rights Watch in a press release notes the landmark decision struck down Article 210 of the National Police’s Code of Justice and Article 260 of the Armed Forces’ Code of Justice.

Police officers and servicemembers who engaged in same sex “sodomy” faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated “constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work” in the Dominican Republic.

“For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,” said Cristian González Cabrera, a senior Human Rights Watch researcher. “This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.”

Consensual same-sex sexual relations have been legal in the Dominican Republic since 1822, more than two decades before it declared independence from neighboring Haiti.

The Armed Forces Code of Justice had been in place since 1953. The National Police Code of Justice took effect in 1966.

Anderson Javiel Dirocie de León and Patricia M. Santana Nina challenged the policies in court.

“This decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation,” said Santana in the press release.

Dominican law does not ban discrimination based on sexual orientation or gender identity in employment, education, housing, and other areas. The country’s constitution defines marriage as between a man and a woman.

James “Wally” Brewster, who was the U.S. ambassador to the Dominican Republic from 2013-2017, is openly gay. Religious leaders frequently criticized him and his husband, Bob Satawake.

Brewster in a text message to the Washington Blade said the Constitutional Court ruling is “important.”

Continue Reading

Brazil

Black transgender singer from Brazil wins three Latin Grammy Awards

Liniker performed at Las Vegas ceremony

Published

on

Liniker (Screen capture via Liniker/YouTube)

A Black transgender singer and songwriter from Brazil on Nov. 13 won three Latin Grammy Awards.

Liniker, who is from Araraquara, a city in São Paulo State, won for Best Portuguese Language Song for her song “Veludo Marrom,” Best Portuguese-Language Urban Performance for her song “Caju” from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for “Caju.”

She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.

“I’ve been writing since I was 16. And writing, and poetry, have been my greatest form of existence. It’s where I find myself; where I celebrate so many things I experience,” said Liniker as she accepted her first Latin Grammy on Nov. 13. “And being a composer … Being a trans composer in Brazil — a country that kills us — is extremely difficult.”

Liniker in 2022 became the first openly trans woman to win a Latin Grammy.

Continue Reading

Popular