Removing discrimination in blood donation
The Tasmanian Gay and Lesbian Rights Group is currently campaigning for the removal of discrimination against gay and bisexual men in blood donation.
The Australian Red Cross bans all sexually active gay and bisexual men from donating blood.
We believe this ban is wrong for three reasons.
It puts lives at risk by reducing the pool of potential blood donors at a time when blood is in short supply.
It stigmatises gay and bisexual men as a threat to public health.
It wrongly portrays male-to-male sex as inherently a health risk, and sends out the irresponsible public health message that heterosexual sex is health-risk free.
The Red Cross must remove its ban on gay and bisexual men giving blood and instead screen all potential donors on the basis of the individual medical and sexual activity, including whether or not they practise safe sex.
Launceston man, Michael Cain, has lodged two complaints against the Red Cross gay blood ban.
One case is to the Tasmanian Anti-discrimination Commission.
The other is to the Human Rights and Equal Opportunity Commission.
For answers to common questions about the gay blood ban click here.
For an in-depth analysis of the gay blood ban, plus details of Michael's case click here.
For Michael Cain's personal perspective on the gay blood ban click here.
For a summary of evidence presented by the Red Cross click here.
Gay blood ban: questions and answers
Here are some answers to commonly asked questions about the Red Cross ban on sexually-active gay and bisexual men giving blood.
1. What is the current Red Cross blood donation policy?
The Red Cross asks all potential donors if they have had male-to-male sex or sexual activity with a male who might be bisexual within the last twelve months.
A positive answer to either question bars the potential donor from giving blood.
The effect is that sexually active gay and bisexual men cannot donate blood in Australia.
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Background information on the gay blood ban
This extract is from a brief to the Tasmanian Anti-discrimination Commission on discrimination against sexually active gay and bisexual men. It was developed by the Hobart Community Legal Service on behalf of Michael Cain who lodged a case against the ban on August 2nd, 2005.
Introduction
On the 19th of June 2005 the Hobart Community Legal Service were instructed by Michael Cain to institute legal proceedings against the Australian Red Cross Blood Service (ARCBS).
Our client instructs us that late last year he attempted to donate blood at the Launceston branch of the ARCBS but was informed that because he was gay he would not be allowed to do so.
Following the receiving of instructions by our client we have researched the issue and concluded that actions can be brought against the ARCBS under the Anti-Discrimination Act 1998 (Tas).
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Personal statement on gay blood ban
This is an extract from a statement by Michael Cain to the Tasmanian Anti-discrimination Commission regarding the refusal of the Red Cross to allow him to donate blood because he is a sexually active gay man. It was lodged as part of Michael's formal complaint about the ban on August 2nd, 2005.
What happened to you that you believe is discrimination?
I saw that the Red Cross were low on supplies of blood and I wanted to do my part to help. I noticed that they had a ‘Donate with a Mate’ program on, so I asked my housemate if he would also like to donate. My housemate and I went in to the Launceston Red Cross Blood Donor office. We then found out that we cannot just walk in and donate, but have to make an appointment. We made an appointment for the 25th of October 2004. On the 25th we turned up and were offered a fruit juice, given a questionnaire to fill out and a soft toy. I believe the soft toy was an incentive offered by the Red Cross to get people to donate, however it was not the reason my flatmate and I wanted to donate blood.
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The Red Cross gay blood ban: a summary of evidence presented so far
This summary of written evidence presented to the Anti-Discrimination Commission in the case of Michael Cain v the Australian Red Cross Blood Service was released by the TGLRG on July 3rd, 2006.
INTRODUCTION
In response to Michael Cain’s original complaint of discrimination, the Anti-Discrimination Commission gave the Australian Red Cross Blood Service an opportunity to defend its current policy. The Commission then gave Mr Cain’s representatives an opportunity to respond to this defence.
What follows is a summary of these written submissions. They provide the best indication available of what arguments for and against the current policy will be put to the Anti-Discrimination Tribunal.
First is the legal case. It is followed by the medical case.
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