652:
that showed a male soldier and male officer having sex. The soldier was arrested for spreading obscene content online and for violating military code. Officials also forced soldiers to hand in their phones without warrants, identify other soldiers who were on their contact lists, and contact other soldiers on mobile dating apps. When male and female officers were found having sex on duty in 2011, they were not criminally charged and only suspended for three months. In contrast, 18 gay soldiers faced criminal charged despite having sex on leave or off duty. Students from Sogang
University protested the Army Chief of Staff, chanting for the "gay soldier witch hunt" to stop immediately. They were restrained and dragged out.
68:
330:
other conservatives have expressed that loosening the restrictions on same-sex relations could undermine military discipline and national security. There have been several protests and advocacy efforts to help combat these discriminatory practices. The constitutionality of
Article 92 has been contested several times in court, but its constitutionality has continued to be upheld. Despite inevitably facing imprisonment due to its illegality, LGBTQ+ individuals have used conscientious objection to protest the discrimination of sexual minorities and the dominant masculine and patriarchal culture in the military.
617:
diagnosis are exempt. In addition, they must prove they have been medically treated for 6 months, been hospitalized for more than one month, or have other severe symptoms of gender identity disorder. Although not a legally sanctioned practice, an orchiectomy procedure would allow for an individual to meet another exemption criterion of "testicle loss". Between 2012 and 2015, 104 trans women were exempt based on "testicle loss" in comparison to the 21 trans women who were exempted based on "gender identity disorder".
318:(LGBTQ+) individuals, who serve in the military. At the time of enlistment, recruits are categorized based on their physical and mental health. Sexual minorities can be marked as having a “mental handicap” or “personality disorder,” which determines their status and duties as personnel. They can also be institutionalized in a mental facility or be dishonorably discharged. Military personnel have reported experiencing harassment, violence, and forcible revealing of their sexual orientation and/or gender identity.
1472:
1782:
1494:
1810:
1484:
270:
27:
648:
groups, such as the
Military Human Rights Center and the Korean Sexual Violence Counseling Center, held an emergency press conference in front of the High Court of Military Tribunal in Seoul and criticized the ruling for becoming a "shield of sex offenders". They emphasized that in order to eliminate sexual violence in the military, sexual offenders should not be given indulgences.
382:
discipline and national security. The court ruling said, "The corresponding clause may be regarded neither ambiguous, nor unnecessarily discriminative against homosexual individuals. Anyone with common sense may judge what the clause signifies by 'homosexual relations and other sexual acts of sexual molestation,' and abide by the contents.”
640:
reasons. However, medical officers required soldiers to submit images or videos showing their sexual acts with other men as hard evidence in order to authorize their medical discharge. Those who refused to submit evidence had to return to their units and were subjected to unwarranted scrutiny after their sexual orientations were revealed.
374:
indicted for sexual molestation of a colleague, but the military court questioned its legitimacy and the case was handed over for constitutional review. While the case was under constitutional judgment, a revision was made to a corresponding clause in which the maximum imprisonment for homosexual acts was changed from a year to two years.
398:"If homosexuality is allowed in the military, sexual violence can increase in such a hierarchical organization, and this will lead to the weakening of the military morale and the exposure to serious diseases such as AIDS. It will be the North Korean regime that will rejoice at the weakening of our military morale."
660:
The conscientious objection movement in South Korea was initially ignited by religious and pacifist groups whom claimed that serving in the military would be in direct conflict with their beliefs. Conscientious objection is illegal and objectors face imprisonment for draft evasion. LGBTQ+ individuals
651:
In 2017, there was widespread crackdown of homosexuality in the military. At least 32 were criminally charged for "sodomy or other disgraceful conduct". Military officials insisted that they were trying to root out sodomy and other homosexual activities. A video on social media was tipped to the army
616:
Trans women may also gain exemption by being diagnosed as having a severe case of "gender identity disorder" while undergoing the physical examination for recruits. A military doctor must diagnose the individual with "gender identity disorder" as mild, medium, or severe - only those who have a severe
595:
Trans women are unwilling to complete the mandatory conscription have two options, either to gain exemption or serve as a "man". Trans women who have not undergone gender reassignment surgery or who are not willing to have any medical treatment are forced to serve. A 2006 Supreme Court ruling stated
422:
identities as a mental disease, labeling them as "sexual orientation disorder" and "gender identity disorder". The regulations also determine whether transgender people are fit to serve by basing decisions on their anatomy, as exemplified in
Criteria 384 and 394 in the table, and their legal gender
364:
Although
Article 92-6 of the Military Penal Code explicitly states that all sexual acts between members of the same gender is categorized as "sexual assault and/or harassment," the Supreme Court ruled in April 2022 that this does not apply to consensual acts that occur outside of military facilities
647:
In 2010, a woman was subject to corrective rape by a captain and a lieutenant commander. The High
Military Court of Korea acquitted both the lieutenant commander, who initially received a 10-year prison sentence in the first trial, and the captain, who was originally sentenced to eight years. Civic
342:
for all able-bodied South Korean men in which they are expected to serve nearly two years. Women may also serve if they choose to do so. Draft evasion is one of the most hated crimes in South Korea and could lead to a loss of societal respect and honor. Military service is seen as a rite of passage
643:
In 2006, 35 human rights organizations and the Labor Party of Korea held a press conference and protested the military for failing to protect a gay soldier's privacy. The victim's sexual orientation was revealed through photographs he submitted as evidence for his medical discharge. Suffering from
329:
LGBTQ+ human rights activists and other civic groups have asserted that these military policies are unconstitutional, discriminatory, and a violation of one's privacy and the right to determine one's own sexual orientation and gender identity. Representatives of the right-wing
Christian groups and
373:
The constitutionality of
Article 92-6 has been contested in court several times. In 2008, a local military court filed a petition claiming that regulation of an individual's sexual preference was a violation of one's right to define their sexuality and of one's privacy. A sergeant first class was
625:
Military personnel have expressed difficulties in navigating military service life as a sexual minority. While some have completed military service without getting caught, there have been various cases where personnel have encountered dire situations regarding their sexual orientation and gender
390:
Human rights activists and civic groups express that these discriminatory practices in the military are a violation of one's privacy and of one's right to determine their own sexual orientation and gender identity. According to them, Article 92-6 is unconstitutional and should be repealed. There
639:
Some reported that senior officers would notify parents of personnel about their sexual orientations without consent. Those who sought counseling were sent to hospitals for intensive mental care and sometimes HIV tests were conducted. Other soldiers were granted discharge for medical and family
381:
eventually ruled that
Article 92-6 is constitutional. The court upheld its previous rulings in 2002 and 2008 and stated that the punishment was to maintain order in the military and that criminal law and military criminal law are to be differentiated where the latter's purpose was for military
321:
Under
Article 92-6 of the Military Penal Code, homosexuality acts are labelled as “sexual assault/harassment” and considered punishable by a maximum of two years in prison. In April 2022, the Supreme Court ruled that this law cannot be applied to consensual acts that occur outside of military
634:
I was sent to a hospital where people beat me, mocked me and ordered me to harass another man. Even after I was sent back to the camp, I was branded as one to be 'watched out for' where people monitored my every move. Not many were willing to be a true friend. My life there was miserable and
629:
Personnel would typically conceal their sexual orientations and gender identities in fear of harassment, discrimination, and other forms of violence towards them. Yol Jeong, a Korean queer activist, revealed how he was tormented in the military when he came out as
644:
depression and suicidal thoughts, he sought the aid of Gay Rights Solidarity (GRS) during his leave. GRS reported this case to the National Human Rights Commission of Korea (NHRCK), in which an investigation team was dispatched to the victim's military unit.
591:
Trans men are considered to be disabled, impaired, and not fit for military service even though some trans men may want to serve. Trans men who change their legal gender are assigned to Grade 5, which makes them unfit for active or reservist duty.
596:
that trans women who have a legal gender change are automatically exempt from military service. However, a legal gender change is difficult to obtain. The criteria to change one's legal gender includes written diagnoses of
626:
identity. As a response, there have been efforts to resist and reform the military institution both by individuals and organizations, which includes challenging the constitutionality of Article 92-6 as mentioned earlier.
365:
during off-duty hours. Military personnel can also be dishonorably discharged based on same-sex relations. If one is discharged based on same-sex relations, it can pose serious, life-long consequences and discrimination.
405:
They have deployed rhetoric connecting anti-gay sentiments with anticommunism, arguing that homosexuality threatens the masculinity of the military and therefore weakens the military's defense against North Korea.
1532:
612:
are about 2 million won (US$ 1,900) and 12 million won (US$ 11,500), and these procedures are not covered by insurance. As a result, most trans women cannot obtain exemption by way of a legal gender change.
347:
as a reason to not serve since it is illegal. Due to the military's discriminatory practices and an oppressive culture, a few conscripts prefer imprisonment over completing their military service.
1581:
1525:
136:
1576:
131:
1335:
1518:
1586:
168:
298:
1697:
1637:
248:
201:
506:
Applies to subjects incapable of sexual intercourse and transgendered subjects (including those who have undergone procedures to insert objects in the genital area)
394:
Representatives of the right-wing Christian groups and other conservatives cite that same-sex relations will undermine military discipline and national security:
720:
Na, Tari Young-Jung; Han, Ju Hui Judy; Koo, Se-Woong (2014). "The South Korean Gender System: LGBTI in the Contexts of Family, Legal Identity, and the Military".
1373:
1627:
196:
1840:
1669:
222:
427:
Regulations on Physical Examination for Recruits: Evaluation Standards of Illnesses and Other Psychological and Physical Disorders (excerpts from 2012)
1674:
1613:
1456:
227:
184:
899:
1702:
1644:
258:
40:
This topic includes academic and legal interpretation, and will benefit from additional editors with sufficient subject knowledge to provide input..
1632:
206:
1740:
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105:
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67:
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232:
1622:
191:
1446:
1786:
1394:
284:
76:
1661:
1608:
110:
156:
151:
1830:
1689:
1153:
543:
115:
1560:
141:
100:
661:
have adopted conscientious objection to protest and critique the military institution for its toxic masculine culture.
1340:
1286:
981:
924:
43:
873:
1835:
1541:
84:
1717:
446:
102. Personality disorder and behavioral disorder (sexual orientation disorder, gender identity disorder, etc.)
1735:
601:
576:, the South Korean military has had to create regulations for transgender people. The military only recognizes
311:
161:
146:
378:
323:
1498:
1420:
1410:
1279:
1355:
1314:
670:
339:
1800:
1451:
1436:
1330:
680:
415:
1191:
1415:
964:
Kim, Nami (2016), ""Homosexuality Is a Threat to Our Family and the Nation": Anti-LGBT Movement",
1247:
1038:
1730:
344:
1649:
8:
675:
1220:
1004:
1476:
1158:
1098:
855:
809:
753:
745:
560:
Grade 6: Unfit for any military service due to mental or physical disability. Exempted.
343:
to becoming a "real" man and a loyal citizen. Those who refuse to serve cannot invoke
1163:
1102:
1090:
977:
847:
813:
801:
757:
737:
391:
should also be stricter punishments for those who commit crimes of sexual violence.
322:
facilities during off-duty hours. However, the judgement was overturned by the
1767:
1225:
1082:
1009:
969:
793:
729:
1086:
1043:
585:
973:
1762:
1510:
1824:
1271:
1252:
1167:
1126:
1094:
851:
838:
Bong, Youngshik D. (2008). "The Gay Rights Movement in Democratizing Korea".
805:
797:
741:
1073:
Kwon, Insook (2013). "Gender, Feminism and Masculinity in Anti-Militarism".
1814:
1488:
609:
274:
1121:
733:
361:
Sexual orientation and gender identity is not addressed in civilian law.
685:
605:
597:
581:
573:
539:
859:
749:
784:
Yi, Horim; Gitzen, Timothy (1 August 2018). "Sex/Gender Insecurities".
414:
The Regulations on Physical Examinations of Recruits define those with
1389:
1368:
1363:
900:"Dismay as South Korea upholds military 'sodomy law' for fourth time"
577:
419:
1442:
Sexual orientation and gender identity in the South Korean military
1196:
409:
1154:"South Korea Military Is Accused of Cracking Down on Gay Soldiers"
567:
385:
314:
laws and procedures discriminate against sexual minorities, or
620:
315:
1221:"Two Navy officers acquitted of rape in High Military Court"
572:
As more people have come out and identified themselves as
563:
Grade 7: Treatment in progress. Subject to re-examination.
557:
Grade 5: Unfit for active or Supplementary service duty.
968:, Springer International Publishing, pp. 81–114,
552:
Grade 4: Fit for active or Supplementary service duty.
1798:
966:
The Gendered Politics of the Korean Protestant Right
600:from two or more psychiatrists, sterilization, and
588:or do not adhere to the gender binary are ignored.
1457:Transgender personnel in the South Korean military
925:"South Korean Court Upholds Military 'Sodomy' Law"
333:
1645:Homosexuality in the militaries of ancient Greece
874:"South Korean Court Limits Military 'Sodomy' Law"
1822:
410:Regulations on Physical Examination for Recruits
1540:
568:Transgender and gender non-conforming personnel
481:Atrophy: loss of more than two-thirds of testis
386:Debate about same-sex relations in the military
357:Article 92-6 of South Korea Military Penal Code
1301:
316:lesbian, gay, bisexual, transgender, and queer
1526:
1346:Recognition of same-sex unions in South Korea
1287:
1039:"Will homosexuality be accepted in barracks?"
292:
36:needs attention from an expert in South Korea
1841:LGBTQ people and military service by country
1447:Suicide ideation in South Korean LGBT youth
1533:
1519:
1294:
1280:
1075:International Feminist Journal of Politics
655:
621:Discrimination cases and efforts to reform
299:
285:
1395:Solidarity for LGBT Human Rights of Korea
1122:"'성소수자 여군 성폭행' 징역 10년에서 무죄…"가해자에 면죄부" 반발"
1151:
783:
719:
400:Seong-dong Kim, Korean Church Commission
1556:LGBT military and veteran organizations
1248:"서강대 학생들, 육군참모총장에 "게이군인 마녀사냥 중단" 기습 시위"
1005:"Court upholds ban on gays in military"
111:Transgender people and military service
106:LGBT military and veteran organizations
1823:
516:C. More than half of penis is severed
46:may be able to help recruit an expert.
16:Sexuality in the South Korean military
1514:
1374:Representation in film and television
1275:
1186:
1184:
1147:
1145:
1116:
1114:
1112:
1068:
1066:
1064:
1062:
1219:Yoon, Yeun-jung (20 November 2018).
1218:
1072:
1033:
1031:
1029:
1027:
998:
996:
994:
992:
959:
957:
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953:
951:
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945:
837:
833:
831:
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827:
825:
823:
779:
777:
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771:
769:
767:
715:
713:
711:
709:
707:
705:
703:
701:
368:
116:Intersex people and military service
20:
1561:Same-sex unions and military policy
963:
101:Same-sex unions and military policy
13:
1181:
1142:
1109:
1059:
786:TSQ: Transgender Studies Quarterly
549:Grade 1 to 3: Fit for active duty.
478:384. Loss or atrophy of testicles
438:Evaluation Grade for Conscription
14:
1852:
1341:Transgender rights in South Korea
1024:
1002:
989:
942:
820:
764:
698:
448:A. Further observation necessary
1808:
1781:
1780:
1493:
1492:
1482:
1470:
1152:Sang-Hun, Choe (26 April 2017).
268:
66:
25:
1240:
1212:
350:
334:Military service in South Korea
1336:Intersex rights in South Korea
917:
892:
866:
1:
1130:(in Korean). 20 November 2018
722:The Journal of Korean Studies
691:
379:Constitutional Court of Korea
324:Constitutional Court of Korea
1421:Seoul Queer Culture Festival
1411:Daegu Queer Culture Festival
1087:10.1080/14616742.2012.724209
584:Those who may identify as a
7:
1831:LGBTQ rights in South Korea
1542:LGBT people in the military
1315:LGBT history in South Korea
974:10.1007/978-3-319-39978-2_3
671:LGBT history in South Korea
664:
243:Intersex service by country
38:. The specific problem is:
10:
1857:
1452:Transgender in South Korea
1437:LGBT health in South Korea
1331:LGBT rights in South Korea
1302:LGBT topics in South Korea
681:LGBT rights in South Korea
513:B. Complete loss of glans
354:
1776:
1755:
1716:
1688:
1660:
1607:
1600:
1569:
1548:
1465:
1429:
1416:Korea Queer Film Festival
1403:
1382:
1354:
1323:
1307:
1256:(in Korean). 20 June 2017
1192:"동성애자 입증하려면 성관계 사진 가져와라?"
510:A. Partial loss of glans
798:10.1215/23289252-6900752
604:. The average costs for
533:Key for Evaluation Grade
503:394. Severance of Penis
217:Trans service by country
1836:Military of South Korea
1003:배, 현정 (31 March 2011).
656:Conscientious objection
345:conscientious objection
44:WikiProject South Korea
1731:Wartime cross-dressing
1477:South Korea portal
637:
602:genital reconstruction
538:Grade 1 to 4: Fit for
403:
340:mandatory conscription
185:LGB service by country
1650:Sacred Band of Thebes
1638:In the United Kingdom
734:10.1353/jks.2014.0018
632:
586:gender non-conforming
544:Supplementary service
396:
355:Further information:
312:South Korean military
1726:In the United States
1698:In the United States
1670:In the United States
1633:In the United States
326:on 26 October 2023.
676:LGBT rights in Asia
428:
1662:Transgender people
1628:In the Netherlands
1609:Sexual orientation
1200:. 15 February 2006
1159:The New York Times
878:Human Rights Watch
426:
418:relations and non-
1796:
1795:
1751:
1750:
1508:
1507:
530:
529:
369:Constitutionality
309:
308:
61:
60:
1848:
1813:
1812:
1811:
1804:
1784:
1783:
1768:Pink certificate
1605:
1604:
1535:
1528:
1521:
1512:
1511:
1496:
1495:
1489:LGBTQ portal
1487:
1486:
1485:
1475:
1474:
1473:
1296:
1289:
1282:
1273:
1272:
1266:
1265:
1263:
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1244:
1238:
1237:
1235:
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1226:The Korea Herald
1216:
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1107:
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1070:
1057:
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1035:
1022:
1021:
1019:
1017:
1010:The Korea Herald
1000:
987:
986:
961:
940:
939:
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935:
921:
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429:
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275:LGBTQ portal
273:
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95:General articles
87:military service
70:
63:
62:
56:
53:
47:
29:
28:
21:
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1821:
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1799:
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1792:
1772:
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1690:Intersex people
1684:
1656:
1611:
1596:
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1544:
1539:
1509:
1504:
1491:
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1190:
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1150:
1143:
1133:
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1120:
1119:
1110:
1071:
1060:
1050:
1048:
1044:The Korea Times
1037:
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1025:
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990:
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962:
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904:theguardian.com
898:
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880:. 25 April 2022
872:
871:
867:
836:
821:
782:
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658:
623:
570:
432:Specialization
412:
388:
371:
359:
353:
336:
305:
269:
267:
86:
85:LGBT people and
57:
51:
48:
42:
30:
26:
17:
12:
11:
5:
1854:
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1763:Blue discharge
1759:
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1728:
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1718:Cross-dressing
1714:
1713:
1711:
1710:
1705:
1700:
1694:
1692:
1686:
1685:
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1677:
1675:In South Korea
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1276:
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1267:
1239:
1211:
1180:
1141:
1108:
1081:(2): 213–233.
1058:
1023:
988:
982:
941:
916:
891:
865:
840:Korean Studies
819:
792:(3): 378–393.
763:
728:(2): 357–377.
696:
695:
693:
690:
689:
688:
683:
678:
673:
666:
663:
657:
654:
622:
619:
598:transsexualism
569:
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550:
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518:
501:
497:
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488:B. Both sides
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1741:bibliography
1703:In Australia
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1258:. Retrieved
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1230:. Retrieved
1224:
1214:
1202:. Retrieved
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1171:. Retrieved
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1132:. Retrieved
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157:Marine Corps
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1592:South Korea
686:Byun Hui-su
606:orchiectomy
574:transgender
540:active duty
525:C. Grade 5
522:B. Grade 5
520:A. Grade 4
494:B. Grade 5
492:A. Grade 4
469:D. Grade 5
466:C. Grade 4
463:B. Grade 3
461:A. Grade 7
443:Psychiatry
228:South Korea
197:Netherlands
174:South Korea
152:Coast Guard
1825:Categories
1756:Discharges
1614:by country
1570:By country
934:30 October
909:26 October
846:: 86–103.
692:References
457:D. Severe
454:C. Medium
416:homosexual
126:By country
1623:In Canada
1577:Australia
1390:Chingusai
1369:Kkonminam
1364:Homo Hill
1168:0362-4331
1103:142271412
1095:1461-6742
852:0145-840X
814:158397089
806:2328-9252
758:143736307
742:0731-1613
578:trans men
435:Criteria
420:cisgender
338:There is
259:Australia
142:Air Force
132:Australia
52:June 2019
1787:Category
1601:By topic
1499:Category
1430:See also
1197:OhmyNews
884:26 April
860:23718932
750:43923275
665:See also
500:Urology
475:Urology
451:B. Mild
423:status.
77:a series
75:Part of
1549:General
1356:Culture
1308:History
929:hrw.org
635:lonely.
1801:Portal
1708:Israel
1680:Israel
1587:Israel
1404:Events
1260:8 June
1232:8 June
1204:3 June
1173:2 June
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1101:
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1051:30 May
1016:3 June
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546:duty.
254:Israel
233:Israel
192:Canada
169:Israel
1815:LGBTQ
1099:S2CID
856:JSTOR
810:S2CID
754:S2CID
746:JSTOR
1736:list
1262:2019
1234:2019
1206:2019
1175:2019
1164:ISSN
1136:2019
1091:ISSN
1053:2019
1018:2019
978:ISBN
936:2023
911:2023
886:2022
848:ISSN
802:ISSN
738:ISSN
630:gay:
608:and
162:Navy
147:Army
1324:Law
1083:doi
970:doi
794:doi
730:doi
580:or
542:or
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