When LGBTQ Olympians traveled to Sochi for the 2014 Winter Games, they stepped into a battle none of them particularly wanted to fight.
A year prior, Russian President Vladimir Putin had signed the country's first anti-gay propaganda law. The government was in the middle of a brutal crackdown against the LGBTQ population, and queer Olympians were tasked with responding to it — all while somehow trying to prepare for the world's most prestigious athletic competition.
Fast forward four years to Pyeongchang, and LGBTQ Olympians can expect a different, albeit complicated, situation. This year's Winter Olympics will have a record 13 out athletes, and anti-gay paranoia has somewhat subsided. That's partly due to increased familiarity, and partially to cultural context. South Korea is not Putin's Russia, but activists stress that the country still has a long way to go.
SEE ALSO:Hell yeah Leslie Jones is officially joining NBC's Olympics teamThe Olympics have a special way of forcing countries to have uncomfortable conversations about social and political issues they'd otherwise love to ignore. Think of all the conversation about Rio's political corruption in 2016. Regions of the world most Americans can barely identify on a map suddenly come into full focus.
In South Korea, viewers are mostly concerned about tensions with the country's neighbor to the north. Few are focusing on another important story -- the country's often conflicted attitudes toward the LGBTQ community.
As it now stands, queer and trans South Koreans don't enjoy any legal protections in their home country.
"To date, there are no meaningful and enforceable national anti-discrimination legislation that would extend human rights protection to LGBTI communities," Arnold Fang, East Asia researcher for Amnesty International, told Mashable. "Moon Jae-in [the country's president] has not pledged to work on LGBTI issues, despite accepting a few of our calls on issues such as death penalty and freedom of assembly."
For many in South Korea's LGBTQ community, the president's stance goes beyond neglect. Even though he's a member of one the country's more liberal parties, as well as a former human rights lawyer, Moon officially said in 2017 that he's opposed to homosexuality. Though he later issued a half apology and focused his concerns on the military, his statement had serious policy consequences.
South Korean President Moon Jae-in has said he opposes homosexuality, though he's since slightly modified his position.Credit: kim hong-ji/Getty ImagesIn the spring of last year, the country's military began to enforce a largely dormant ban on homosexual activity, Military Criminal Act 92-6. Amnesty International accused the country of conducting a "gay witch hunt" after they sentenced a soldier to prison for six months for having consensual sex with another man. Since the ban has been enforced, dozens of soldiers have been arrested for allegedly homosexual conduct. A case challenging the ban is currently before the South Korean Constitutional Court.
Minhee Ryu, an attorney for Korean Lawyers for Public Interest and Human Rights, says that because the military service is compulsory, the ban affects the entire country.
"Even though we don't have [a] universal anti-sodomy law like in 76 countries, in 1962 the military introduced an anti-sodomy article in the Military Criminal act, following British and the United States Military Code," Ryu said. "Since South Korea has a conscription system for males of mandatory 21 months of service, this provision acts like universal anti-sodomy law."
The effects of a de-facto anti-sodomy law are immediately felt, according to Fang.
"It is ridiculous to be denied for such a casual event when your country is hosting an Olympics."
"The fact that there is compulsory military service, and the fact that homosexual behavior is criminalized in the military, also enhances cultural beliefs that only heterosexual men are fit to protect the country," Fang said. "Gay men face considerable difficulties in fulfilling their military obligations free from violence, bullying, or verbal abuse, and young men joining the military are advised never to disclose the sexual identity, under any circumstances."
Other obstacles remain. Six out of 10 South Koreans oppose same-sex marriage, according to local polls. A gay South Korean couple had their marriage application rejected in 2016, though lawyers are working to add even more litigants in the future to strengthen their case.
Last year, according to Ryu, a group of queer women athletes were denied an application for the use of the public gym for a sports event.
"It is ridiculous to be denied for such a casual event when your country is hosting an Olympics under the IOC charter and non-discrimination provision," Ryu said.
Culturally, the country has been slower to embrace LGBTQ Koreans than their Taiwanese and Japanese neighbors. In May of last year, the Taiwanese Constitutional Court ruled that the country's laws discriminate against same-sex couples. In Japan, some municipalities have begun to allow same sex marriage.
"A significant percentage of South Koreans identify themselves with a religion. Some of these, together with Korean traditional culture, may emphasize family relations and respect for elders," Fang said. "LGBTI people often fall outside the typical expectations of parents and thus it's difficult to express their sexual identities."
South Korea's first-ever openly #gay idol has released his official solo debut 'Neverland'. #SouthKorea #BeingLGBTI https://t.co/WncVe445nC
— Being LGBTI in Asia (@beinglgbti) January 24, 2018
LGBTQ activists have nonetheless made recent gains. In August 2017, the country's Supreme Court ruled that an LGBTQ foundation, Beyond the Rainbow, could be legally registered as a charity. The decision paves the way for other grassroots LGBTQ groups to achieve legitimacy and with it, increased funding.
In July, an estimated 85,000 people turned out for the country's gay Pride march, its largest to date.
Credit: ed jones/AFP/Getty ImagesHate groups have strengthened, activists argue, only because LGBTQ people have become more powerful and present.
"Partly because of opposition from evangelicals and partly because of higher visibility than before, we had some political backlash and setbacks in the last few years," Ryu said. "However, during those struggles, we gained a lot of allies in the middle, who oppose blatant discrimination and homo/transphobia. We saw the social acceptance rate from any surveys during those times are only getting higher."
Handong U. in S #Korea, calls itself "God's university." It's also the only university in the country to officially declare opposition to homosexuality. "Is this the sacred duty of Christianity?" said a student punished by the school. Full video: https://t.co/RI3IJEpxcB #LGBT pic.twitter.com/Izu2d9XyWn
— Korea Exposé (@KoreaExpose) January 30, 2018
Lawyers and activists like Ryu think the Olympics can help expedite the process. By exposing South Korea to outside culture, they can also help expose local residents to outside ideas. Ryu wants LGBTQ Olympians to experience South Korea's already thriving LGBTQ scene, and by doing so, make it more powerful.
"Through the debacle in Sochi and coming-out stories of many Olympics athletes in Rio, we realized that Olympics could be more than a sports competition," Ryu said. "It is going to be an excellent opportunity for our country to get to know many out athletes, their personal story, and power of inclusion and diversity."
Ryu is proud of her country's vibrant queer and trans community. When LGBTQ athletes start arriving in Pyeongchang over the next few days, they won't be walking into a volatile situation — just a country in transition. They won't be tasked with issuing a public statement about a virulently anti-gay law. They can actually focus on the sport they came to compete in — or, in the case of U.S. figure skater Adam Rippon, the sport andone grating, hypocritical vice president.
It's a little bit of progress, even if it doesn't come with a shiny medal attached.
TopicsOlympicsSocial Good
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