Sexual orientation and military service The military forces of the world have differing approaches to the enlistment of homosexual ( gay and lesbian ) and bisexual individuals . The armed forces of most developed countries have now removed policies excluding non - heterosexual individuals ( with strict policies on sexual harassment ) . Nations that permit gay people to serve openly in the military include the 4 of the 5 members of the UN Security Council ( United States , United Kingdom , France , and Russia ) , the Republic of China ( Taiwan ) , Australia , Israel , South Africa , Argentina , and all NATO members excluding Turkey . Countries that allow gay people to serve . Albania . Gays and lesbians have been allowed to serve in the Military of Albania since 2008 . Argentina . As of 2009 , the Argentine government has officially ended the ban on gays in the Argentine Armed Forces . A new military justice system was put into effect which decriminalizes homosexuality among uniformed members , and moves crimes committed exclusively within the military to the public justice sphere [ previously there had been a separate military court system ] . Under the old system , gays were not permitted to have access to a military career , at the same time as this sexual orientation was penalized . And , while there are no publicly known former sanctions against gays under the old policy , this does not mean that men and women with that sexual orientation have not been disciplined , and perhaps separated from the armed forces under a mantle of silence . In fact , with this new system , gay men or lesbian women who wish to train in the forces should encounter no impediment , nor any military retaliation areas . Australia . Australia has allowed gay men and lesbians to serve openly since 1992 . Austria . Austria permits homosexuals to serve openly in the Austrian Armed Forces . Bahamas . The Royal Bahamas Defence Force does not discriminate on the basis of sexual orientation . The government made the announcement in 1998 . Belgium . Belgium permits homosexuals to serve openly in the Belgian Armed Forces . In Belgium , the military accepts gay men and lesbians into service . However , if the behaviour of an individual who is gay or lesbian causes problems , that individual is subject to discipline or discharge . In some cases , homosexual personnel have been transferred from their unit if they have been too open with their sexuality . The Belgian military also continues to reserve the right to deny gay and lesbian personnel high - level security clearances , for fear they may be susceptible to blackmail . Bermuda . The Military of Bermuda does not discriminate on grounds of sexual orientation , as it is formed by random lottery - style conscription . Officially , members of the Bermuda Regiment are prohibited from discriminating against or harassing gay soldiers ; such activities , however , are tolerated by officers , to the extent that one conscript described the Regiment as " the most homophobic environment that exists " . Brazil . There is no law forbidding lesbians , gays , bisexuals and trangenders from serving in the Brazilian Armed Forces . Sexual orientation and gender identity cannot be an obstacle for entry into the police force or the military in Brazil , and transgendered males ( including travesti s ) should make conscription as any Brazilian male citizen . All sexual acts are disallowed between members of the forces , be them heterosexual or homosexual . The Constitution of Brazil prohibits any form of discrimination in the country . The Brazilian Armed Forces does not permit desertion , sexual acts or congeners in the military , whether heterosexual or homosexual . They claim that it is not a homophobic rule , but a rule of discipline that also includes the opposite sex . In 2008 , during a disappearance of a military gay couple , the Ministry of Defence of Brazil spoke : " the sergeant is to be questioned about alleged desertion from the military and there is no question of discrimination . " The two soldiers said they had been in a stable relationship for ten years in the Brazilian military . No information currently exists as to whether military personnel can have their same - sex relationships recognized by the military , despite the fact that federal government employees can receive benefits for their same - sex spouses . Following the Supreme Federal Tribunal decision in favor of civil unions , Defense Minister Nelson Jobim guaranteed the Ministry ' s compliance with the decision and mentioned that spousal benefits can be accorded to same - sex spouses of military personnel . According to a survey conducted by the Institute of Applied Economic Research ( IPEA ) in 2012 , 63 . 7 % of Brazilians support the entry of LGBTs in the Brazilian Armed Forces , and do not see it as a problem . Canada . As of 1992 , lesbians , gays and bisexuals are allowed to serve openly in the military . A study of gays and lesbians in the Canadian military has found that after Canada ’ s 1992 decision to allow homosexuals to serve openly in its armed forces , military performance did not decline . The study is the most comprehensive academic study by US researchers of homosexuality in a foreign military ever compiled and reflects an exhaustive inventory of relevant data and research . Its title is " Effects of the 1992 Lifting of Restrictions on Gay and Lesbian Service in the Canadian Forces ; Appraising the Evidence " . A news article by Canadian journalist , Jon Tattrie , reported on the changed attitude towards the presence of homosexual members of the Canadian Forces in his article " Being Gay in the Military " ( " Metro Ottawa " ) , quoting Canadian Forces spokesperson Rana Sioufi as saying : “ Members who are same - sex partners are entitled to the same respect and dignity as heterosexual married couples or common - law partners . ” Republic of China . The Republic of China ( Taiwan ) repealed their ban on conscripting gay people into the military in 2002 . Following an announcement by the Republic of China Armed Forces that it would end a policy banning gays from guarding high level officials and government installations , scholars and military officials said the decision signaled a bold step for an Asian military force . The policy change was announced after a local newspaper revealed the discriminatory practice , prompting protest demonstrations in Taipei , the nation ' s capital . Col . Liu of the ROC Naval Attache said that ending the ban on gays in the military police was " a good thing for a democratic society like ours . I don ' t think this is really a big deal , " he said . " It just means Taiwanese society is more open and there are different choices now . If you ' re gay and you can do the job , that ' s fine . " Colombia . In 1999 , the Colombian Constitutional Court ruled that the prohibition of homosexuals from serving in the armed forces is unconstitutional . Croatia . Croatia does not have any rules applying to homosexuals serving in the military . Czech Republic . The Czech Republic allows homosexuals to serve openly . Denmark . Denmark allows homosexuals to serve openly . There are prominent openly gay military leaders in the Danish Armed Forces and there are no reported cases of threats to gays , morale , or national security . A study of the conditions for gay men indicates that gay men in the Danish Armed Forces show strength and are respected . Estonia . Estonia allows homosexuals to serve openly in the Military of Estonia . Finland . Finland allows homosexuals to serve openly in the Finnish Defence Forces . France . France allows homosexuals to serve openly . France has allowed same - sex marriage on May 18 , 2013 becoming the 13th country in the world to do so . Thus a ban on homosexuality in the Forces does not appear to be logical nor legal , and , in fact , is not in place . However , the wording is quite peculiar . On 5 May 2000 The Independent stated : In France , indifference characterizes the official attitude towards homosexuals in the military . Although homosexuals were not banned from French military service ( before military service was suspended in 1998 ) , it is recognized that they may face greater challenges than their heterosexual counterparts . Thus , they were allowed to opt out of military service if they wish by declaring themselves unfit because of their sexual orientation . Commanders and psychiatrists can also discharge gay and lesbian personnel if they feel they are disrupting their units and cannot fit in . Germany . The German Bundeswehr ruled that it is forbidden to discriminate based on sexual orientation . The " Working Committee of Homosexual Employees in the Military Forces " is the organization that represents the interests of gay men and lesbians in the armed forces . Heterosexuals and homosexuals alike are allowed to engage in sexual activity while in the military service as long as it does not interfere with the performance of their duties . Lesbian and gay soldiers are also entitled to enter civil unions as defined by Germany ' s domestic " partnership " law . The Bundeswehr maintained a " glass ceiling " policy that effectively banned homosexuals from becoming officers until 2000 . First Lieutenant Winfried Stecher , an army officer demoted for his homosexuality , filed a lawsuit against former Defense Minister Rudolf Scharping . Scharping vowed to fight the claim in court , claiming that homosexuality " raises serious doubts about suitability and excludes employment in all functions pertaining to leadership . " However , before the case went to trial , the Defense Ministry reversed the discriminatory policy . While the German government declined to issue an official explanation for the reversal , it is widely believed that Scharping was overruled by then Chancellor Gerhard Schröder and then Vice - Chancellor Joschka Fischer . Currently , according to general military orders given in the year 2000 , tolerance towards all sexual orientations is considered to be part of the duty of military personnel . Sexual relationships and acts amongst soldiers outside service times , regardless of the sexual orientation , are defined to be " irrelevant " , regardless of the rank and function of the soldier ( s ) involved , while harassment or the abuse of functions is considered a transgression , as well as the performance of sexual acts in active service . Greece . While the Presidential Decree 133 ( of 2002 ) allowed people to avoid the draft for deep psycho - sexual problems , it did not ban homosexuals from the army . The newer 2005 law 3421 has removed even the wording that could be misconstrued as offensive to homosexuals . In recent years , the Hellenic army has been shortening the length of conscription and hiring more and more professional soldiers and there hasn ' t been any incident of someone being fired for homosexuality . Republic of Ireland . Gay people can serve openly in the Irish Defence Forces . Discrimination on the basis of sexual orientation is illegal . There has been no preclusion since 1993 when male homosexuality was decriminalised in the Republic of Ireland . Since 1993 there has been significant change to make sure that there was no discrimination in terms of public policy . At the same time as an equal age of consent was introduced for heterosexual and homosexual persons , the Irish Defence Forces announced that they would be treating heterosexual and homosexual members equally . Relationships between senior and junior ranks would continue to be forbidden , as is common in most militaries . There would also be no harassment of gay officers and no questioning of members about their sexuality . The " Irish Independent " wrote that The then Minister for Defence David Andrews stated in the Oireachtas ( parliament ) that " While the question of homosexuality is not specifically covered in Defence Force Regulations the provisions of section 169 of the Defence Act , 1954 , provide that acts which are in breach of the criminal law of the State are also deemed to be offences against military law . " Information regarding sexual orientation is not sought from personnel wishing to enlist in the Defence Forces and it is not proposed to change this policy . The Defence forces have a code on interpersonal relationships and guidelines in relation to discrimination . Israel . Israel Defense Forces policies allow gay men and lesbians to serve openly and without discrimination or harassment due to actual or perceived sexual orientation . This was put into effect in 1993 after an IDF reserves officer testified before the Knesset claiming that his rank had been revoked , and that he had been barred from researching sensitive topics in military intelligence , solely because of his sexual identity . Homosexuals serve openly in the military , including special units , without any discrimination . Moreover , gays in the IDF have additional rights , such as the right to take a shower alone if they want to . According to a University of California , Santa Barbara study , a brigadier general stated that Israelis show a " great tolerance " for gay soldiers . Consul David Saranga at the Israeli Consulate in New York , who was interviewed by the " St . Petersburg Times " , said , “ It ' s a non - issue . You can be a very good officer , a creative one , a brave one , and be gay at the same time . ” In a comprehensive review of interviews with all known experts on homosexuality in the IDF in 2004 , researchers were not able to find any data suggesting that Israel ’ s decision to lift its gay ban undermined operational effectiveness , combat readiness , unit cohesion or morale . In this security - conscious country where the military is considered to be essential to the continued existence of the nation , the decision to include sexual minorities has not harmed IDF effectiveness . In addition , while no official statistics are available for harassment rates of sexual minorities in the IDF , scholars , military officials and representatives of gay organizations alike assert that vicious harassment is rare . A study published by the Israel Gay Youth ( IGY ) Movement in January 2012 found that half of the homosexual soldiers who serve in the IDF suffer from violence and homophobia . Italy . The Armed Forces of Italy cannot deny men or women of homosexual orientation to serve within their ranks , as this would be a violation of Constitutional rights . However , much prejudice about homosexuals still exists within the Italian armed forces , so that they generally decide to hide their sexual orientation . In the past , homosexual conduct was grounds for being discharged from the Italian armed forces for reason of insanity , and feigning homosexuality was a very popular way to obtain medical rejection and skip draft . Japan . Japan does not have any rules applying to homosexuals serving in the Self - Defense Forces . The Japan Self - Defense Forces , when being asked about their policy toward gays and lesbians following the U . S . debate during the Clinton presidency , answered that it was not an issue , and individuals within the forces indicated that as long as same - sex relations did not lead to fights or other trouble , there were few , if any , barriers to their inclusion in the armed services . Lithuania . Lithuania allows homosexuals to serve openly . Luxembourg . Luxembourg allows homosexuals to serve openly . Malta . Malta allows gay and lesbian people to serve openly in the armed forces . According to the Armed Forces of Malta , a number of openly gay people serve in the AFM , and the official attitude is one of " live and let live " , where " a person ’ s postings and duties depend on their qualifications , not their sexual orientation " . Netherlands . In 1974 , the Netherlands was the first country to ban discrimination against gays in the military . The Dutch government considered homosexuality grounds for dismissal until 1974 , when the Association of Dutch Homosexuals convinced the minister of defence that gays posed no threat to national security . The Dutch military formed a working group called Homosexuality and Armed Forces to improve the climate for sexual minorities . In the 1980s , this group became the Homosexuality and Armed Forces Foundation , a trade union that continues to represent gay and lesbian personnel to the ministry of defence . New Zealand . In New Zealand it has been legal for gay , lesbian , bisexual and transgender persons to serve in the military since New Zealand ' s Human Rights Act 1993 ended most forms of employment discrimination against lesbians , gay men and bisexuals . New Zealand military leaders did not oppose the end of military service discrimination After the passing of the Human Rights Act , which prevents discrimination on grounds such as ethnicity , gender and sexual orientation . As the act came into law , so came the removal of a passage in the NZDF manual of law that referred to homosexuality as an " unnatural offence " . Before 1993 , even though the Homosexual Law Reform Act had been passed in 1986 , officer training included the actions they ought to take upon the discovery of personnel caught in such acts . The DEFGLIS NZ ( Defence Force Gay and Lesbian Information Service ) is being formed and will be set up by Christmas 2010 . Officers involved hope the support network will act as a sounding board , advice group and social network for regular , reserve and civilian members of the troops . Part of the group ' s role will be to advise on using inclusive words such as partner instead of wife , or letting people know that a saying such as " that ' s gay " has made it into common parlance while the term " homo " is offensive . Norway . Norway allows homosexuals to serve openly in the armed forces . Norway , like most of Scandinavia , is very liberal in regards to LGBT - rights and it also became the first country in the world to enact an anti - discrimination law protecting homosexuals in certain areas . The Norwegian government states : " Anyone who in written or verbal form is threatening , scorning , persecuting , or spiteful toward a gay or lesbian person will be punished with fines or prison of up to two years . " Peru . Until December 2009 , Peru had a ban on openly gay people in the armed forces . However , in December 2009 , the Supreme Court of Peru held that sexual orientation cannot be a requirement for entry into the police force or the military . The Government accepted the decision . The ruling said " sexual preference of an individual cannot be a requirement or condition to determine his / her capacity or professional competence , including the police and military career . To state this is not only anachronistic , but it violates the principle of human dignity " Philippines . The Philippine government has officially ended , as of 2010 , the ban on gays in the military . In July 2012 , the Philippine Military Academy announced that it has welcomed openly gay and lesbian applicants into its fold , giving them the opportunity to serve in the military . Poland . Poland allows gays to serve openly in the military . Portugal . Portugal allows all citizens to serve openly in the military regardless of sexual orientation ( as the constitution explicitly forbids any discrimination on that basis ) Romania . Homosexuals are allowed to serve openly in the Romanian army . According to the Ministry of Defence ' s recruitment policy , " it is the right of every Romanian citizen to take part in the military structures of our country , regardless of their sexual orientation . " Russia . Before 1993 , homosexual acts between consenting males were against the law in Russia , and homosexuality was considered a mental disorder until adoption of ICD - 10 in 1999 , but even after that military medical expertise statute was in force to continue considering homosexuality a mental disorder which was a reason to deny homosexuals to serve in the military . In 2003 , a new military medical expertise statute was adopted ; it said people “ who have problems with their identity and sexual preferences ” can only be drafted during war times . However , this clause contradicted another clause of the same statute which stated that different sexual orientation should not be considered a deviation . This ambiguity was resolved by the Major - General of the Medical Service who clearly stated that new medical statute “ does not forbid people of non - standard sexual orientation from serving in the military . ” Thereby , , homosexual people in Russia can serve in the military . Serbia . In May 2010 , the head of the Serbian military ( Vojska Srbije ) announced that the Serbian Army would accept homosexuals to join . However , this news was not widely covered by media . Slovenia . Slovenia allows homosexuals to serve openly without discrimination or harassment due to actual or perceived sexual orientation . South Africa . LGBT people are allowed to serve openly in the South African National Defence Force ( SANDF ) , and discrimination on the basis of sexual orientation is prohibited by the constitution , statute law and military policy . The Interim Constitution which was adopted in 1994 , and the final Constitution which replaced it in 1997 , prohibit discrimination on the basis of sexual orientation . In 1996 the government adopted the " White Paper on National Defence " , which included the statement that , " In accordance with the Constitution , the SANDF shall not discriminate against any of its members on the grounds of sexual orientation . " In 1998 the Department of Defence adopted a " Policy on Equal Opportunity and Affirmative Action " , in terms of which recruits may not be questioned about their sexual orientation and the Defence Force officially takes no interest in the lawful sexual behaviour of its members . The sodomy law s were struck down during the same year . The Equality Act of 2000 , which prohibits discrimination , hate speech and harassment , applies to the military just as it does to the rest of society . The Defence Act of 2002 makes it a criminal offence for any SANDF member or Defence Department employee to " denigrate , humiliate or show hostility or aversion to " any person on the grounds of sexual orientation . In 2002 the SANDF extended spousal medical and pension benefits to " partners in a permanent life - partnership " , and in 2006 same - sex marriage was legalised . Spain . Homosexuals are allowed to serve openly in the Spanish Army . As of 2009 , after the case of Aitor G . R , the courts also ruled that transgender individuals are also permitted to serve in the military . Sweden . Sweden allows homosexuals to serve openly . The Swedish Armed Forces actively work for an environment where LGBT persons do not feel it to be necessary to hide their orientation . Sweden bans by constitution all kind of discrimination against LGBT - people and was the first country in the world to remove homosexuality as an illness . Switzerland . Switzerland ' s military policies also allow for gay men and lesbians to serve openly without discrimination or harassment due to actual or perceived sexual orientation . Thailand . In 2005 , the Thai armed forces lifted its ban on LGBT serving in the military . Prior to this reform , LGBT people were exempted as suffering from a " mental disorder " law of 1954 . United Kingdom . Until 2000 , the British Ministry of Defence ( MOD ) policy was to continue the long standing ban on homosexuals joining any of the Armed Forces , most recently being based on a 1996 report by the Homosexuality Policy Assessment Team , which asserted that to allow gays in the military would be bad for morale , and leave them vulnerable to blackmail from foreign intelligence agencies . As a consequence , around 60 people were dismissed annually from the services for being gay ; 298 were dismissed in 1999 , the year before the ban was lifted . A legal challenge to this stance was taken up by four people who had been investigated and dismissed for being gay — a female nurse and male administrator dismissed from the Royal Air Force , and a Lieutenant Commander and naval rating , both males , dismissed from the Royal Navy . Their legal challenge was supported by the pressure groups Liberty and Stonewall . After losing the case at the Court of Appeal in London , they appealed to the European Court of Human Rights in Strasbourg . In September 1999 , this court ruled that investigations by military authorities into a service person ' s sexuality breaches their right to privacy ( Article 8 of the European Convention on Human Rights ) . In light of the ruling ( which as an ECHR ruling applies to the militaries of all member states of the EU and of the Council of Europe ) , the MOD subsequently lifted the ban , and began allowing gay people into the services from 2000 onwards . According to a national opinion poll published a week before the ruling , the ban had been opposed by 68 % of Britons . In 2010 , following defeat of repeal of ' Don ' t Ask , Don ' t Tell ' by the United States Senate , the Colonel Mark Abraham , head of " Faith and Diversity " for the British Army , told People Management magazine the lifting of the ban on gays serving in the military in 2000 had " no notable change at all . . . We got to the point where the policy was incompatible with military service and there was a lack of logic and evidence to support it . . . We knew a lot of gay and lesbian people were serving quite successfully , and it was clear that sexual orientation wasn ’ t an indication of how good a soldier or officer you could be . . . The reality was that those serving in the army were the same people the day after we lifted the ban , so there was no notable change at all . Everybody carried on with their duties and had the same working relationships as they previously had while the ban was in place " Colonel Abraham argues that the lifting of the ban actually made the armed forces more productive : " A lot of gay and lesbian soldiers who were in the army before the ban was lifted , reported that a percentage of their efforts was spent looking over their shoulder and ensuring they weren ’ t going to be caught . That percentage of time can now be devoted to work and their home life , so actually they are more effective than they were before . " Current policy . The MOD ' s policy since the year 2000 is to allow homosexual men , lesbians and transgender personnel to serve openly , and discrimination on a sexual orientation basis is forbidden . It is also forbidden for someone to pressure LGBT people to come out . All personnel are subject to the same rules against sexual harassment , regardless of gender or sexual orientation . The British military actively recruits gay men and lesbians , all three services have deployed recruiting teams to gay pride events , and punishes any instance of intolerance or bullying . The Royal Navy advertises for recruits in gay magazines and has allowed gay sailors to hold civil partnership ceremonies on board ships and , since 2006 , to march in full naval uniform at gay pride marches . British Army and Royal Air Force personnel could march but had to wear civilian clothes until 2008 , now all military personnel are permitted to attend gay pride marches in uniform . Speaking at a conference sponsored by the gay advocacy group Stonewall in 2006 , Vice Admiral Adrian Johns , the Second Sea Lord , said that homosexuals had always served in the military but in the past had to do it secretly . “ That ’ s an unhealthy way to be , to try and keep a secret life in the armed services , ” said Vice Admiral Johns , who as the Royal Navy ’ s principal personnel officer was responsible for about 39 , 000 sailors . His speech was titled “ Reaping the Rewards of a Gay - Friendly Workplace . ” The current policy was accepted at the lower ranks first , with many senior officers worrying for their troops without a modern acceptance of homosexuality that their personnel had grown up with , one Brigadier resigned . Since the change support at the senior level has grown . General Sir Richard Dannatt , the Chief of the General Staff ( head of the Army ) , told members of the Army - sponsored " Fourth Joint Conference on Lesbian , Gay , Bisexual and Transexual Matters " that homosexuals were welcome to serve in the Army . In a speech to the conference in 2008 , the first of its kind by any Army chief , General Sir Richard said that respect for gays , lesbian , bi - sexual and transsexual officers and soldiers was now " a command responsibility " and was vital for " operational effectiveness " . The British Military immediately recognised civil partnerships and granted gay couples the same rights to allowances and housing as straight couples . The MoD stated " We ' re pleased personnel registered in a same sex relationship now have equal rights to married couples . " The Royal Navy has conducted civil partnership ceremonies on ships and the British Army has held same - sex marriage celebrations in barracks . Recent events . In 2009 , the tenth anniversary of the change of law that permitted homosexuality was celebrated , including in the July 2009 cover story of the Army ' s in house publication " Soldier Magazine " , and articles in some national newspapers . James Wharton became the first openly gay soldier in the British Army ' s history to appear on the front cover of the magazine . United States . Homosexuals are allowed to serve openly in the United States military . Military policy and legislation had previously entirely prohibited gay individuals from serving , and subsequently from serving openly , but these prohibitions were ended in September 2011 after the U . S . Congress voted to repeal the policy . The first time homosexuals were differentiated from non - homosexuals in the military literature was in revised army mobilization regulations in 1942 . Additional policy revisions in 1944 and 1947 further codified the ban . Throughout the next few decades , homosexuals were routinely discharged , regardless of whether they had engaged in sexual conduct while serving . In response to the gay rights movements of the 1970s and 1980s , the Department of Defense issued a 1982 policy ( DOD Directive 1332 . 14 ) stating that homosexuality was clearly incompatible with military service . Controversy over this policy created political pressure to amend the policy , with socially liberal efforts seeking a repeal of the ban and socially conservative groups wishing to reinforce it by statute . A legislative policy was enacted in a 1993 bill signed by President Bill Clinton . The new policy continued the ban under which homosexuals were prohibited from serving in the military and their discharge was required . The main change that the new policy made was to prohibit investigation into a member ' s sexual orientation without suspicion . The new policy was known as " Don ' t ask , don ' t tell " and was seen as a compromise between the two political efforts . Pressure to overturn the ban continued to build throughout the 1990s and 2000s , as public opposition to gay rights waned . President Barack Obama signed a bill into law in December 2010 which created a future pathway to allow homosexuals to serve in the military . Under the terms of the bill , the " Don ' t ask , don ' t tell " policy remained in place until the President , the Secretary of Defense , and the Chairman of the Joint Chiefs certified that repeal would not harm military readiness , followed by a 60 days waiting period . In early 2011 , military leaders began issuing training plans for the expected repeal of the ban . A court order on July 6 , 2011 , required the Pentagon to immediately suspend the ban , which the government complied with . The legislative repeal of the ban took effect on September 20 , 2011 . One year after repeal , a study published by the Palm Center found that openly gay service has not resulted in a negative net impact to the U . S . military . Per the U . S . Supreme Court ' s decision in United States v . Windsor , lawful same - sex spouses will be afforded the same rights as heterosexual spouses . Uruguay . Gays were prohibited from serving in the Uruguayan armed forces under the 1973 – 1985 military dictatorship , however this prohibition was lifted in 2009 when a new decree was signed by Defence Minister Jose Bayardi which provided that sexual orientation would no longer be considered a reason to prevent people from entering the armed forces . Countries with ambiguous policies . Mexico . The Mexican Armed Forces ' policy on sexual orientation is ambiguous , leaving gay soldiers in a " legal limbo " . Officially , there is no law or policy preventing homosexuals from serving , and applicants are not questioned on the subject . In practice , however , outed gay soldiers are subject to severe harassment and are often discharged . One directive , issued in 2003 , described actions " " en contra de la moral o de las buenas costumbres dentro y fuera del servicio " [ sic ] " ( " contrary to morality or good manners on - and off - duty " ) as serious misconduct warranting disciplinary action . Other references to morality are found throughout military documents , leaving room for interpretation with regards to sexual orientation . Although there is no clear position from current military leadership , several retired generals have agreed that gay soldiers were usually removed from service either through an encouraged withdrawal or dishonorable discharge . South Korea . Civil rights for homosexual citizens are guaranteed in South Korea under the Korean Human Rights Committee Law , but in practice homosexuals may still face discrimination during military service , which is mandatory for all male citizens . Conscripts are profiled at the time of enlistment and homosexuals may be categorized as having a " mental handicap " or " personality disorder " , which may lead to a dishonourable discharge . Article 92 of the Military Penal Code categorizes sexual relations between members of the same sex as " sexual harassment " , regardless of whether it is consensual . Consensual sex between homosexuals may be regarded as " reciprocal rape " , punishable by up to a year ' s imprisonment for both parties . These laws and practices have faced legal challenges during recent years .