Gay blood ban "goes on trial" / Tas Anti-Bias watchdog launches full-scale gay blood inquiry

This media release was issued by the TGLRG on Monday July 3rd, 2006.

In a world-first, the ban on gay men donating blood will be reviewed by a body that has the power to strike the ban down.

After months considering hundreds of pages of written evidence for and against the ban, the Tasmanian Anti-Discrimination Commissioner has decided that the Australian Red Cross Blood Service should be made to justify its policy before the State’s Anti-Discrimination Tribunal.

Michael Cain, the gay man whose complaint about being turned away from blood donation is at the centre of the groundbreaking legal battle, welcomed the decision.

"It’s been a generation since the gay blood ban was put in place and it’s high time it was subject to this kind of rigorous and impartial review", Mr Cain said.

"A new donor screening policy based on the safety of donors’ sexual practices rather than the gender of their sexual partners would make the blood supply safer."

Tasmanian Gay and Lesbian Rights Group spokesperson, Rodney Croome, said that the decision to refer Mr Cain’s case to the Tribunal puts Tasmania at the cutting-edge a global movement to reform blood donation guidelines.

"This is the first time anywhere that the gay blood ban has gone on trial", Mr Croome said.

"While Italy and Spain both allow gay men who practice safe sex to donate blood, policies in those countries were changed by governments not courts, and while the gay blood ban has recently been questioned by major health organisations in the US and Britain they do not have the power to change the policy."

"For these reasons, the Tasmanian Tribunal’s hearings will be watched carefully by governments and health experts the world over."

Mr Cain has the support of the Hobart Community Legal Service in preparing his case.

Hearings are expected to begin later this year.

For more information contact Michael Cain on 0400 734 798 or Rodney Croome on 0409 010 668.

For more answers to basic questions on the Red cross gay blood ban click here.

For a summary of written evidence presented to the Tasmanian Anti-Dsicrimination Commissioner in the case of Michael cain v the Australian Red Cross Blood Service click here.