Gay blood donor case hears final 'crucial' evidence

This media release was issued by the TGLRG on 31.10.08.

Gay activists have described as "crucial", final evidence presented today to the Tasmanian Anti-Discrimination Tribunal in a case against the Australian gay blood ban initiated by Launceston gay man, Michael Cain.

In a written statement, leading US epidemiologist and bio-statistician, Dr Scott Halpern, challenged calculations of risk associated with allowing gay blood donation that were also presented today by Australian epidemiologist and former Red Cross advisor, Prof John Kaldor.

Dr Halpern said that Prof Kaldor had significantly over-estimated the prevalence of HIV in the gay community and failed to distinguish multiple from monogamous relationships in a way which "will result in the highest possible risk".

According to Dr Halpern, "it is likely that there are certain groups of heterosexual men whose risk of transmitting HIV via blood donation is at least as high as, if not higher than, the risk among certain groups of MSM (men who have sex with men)."

In cross examination, counsel for Mr Cain pointed out that Prof Kaldor's own estimates of the HIV-transmission risk associated with heterosexual men who have unsafe sex and gay men who have safe sex is almost the same.

There is currently no barrier to heterosexual men who have unsafe sex giving blood, something Mr Cain is seeking to change by replacing the existing ban on gay blood donation with a bar on blood donation from anyone who has unsafe sex.

Tasmanian Gay and Lesbian Rights Group spokesperson, Rodney Croome, described today's evidence as crucial to the long-running case.

"Even the Red Cross's own former advisor has admitted that there is equivalence of risk between some heterosexuals who currently give blood and some homosexuals who can't", Mr Croome said.

"If we incorporate the statistics which experts for Michael Cain contend are closer to reality, what we find is that quite a few of the gay men who are currently unable to give blood are far less of a threat to the blood supply than many of the heterosexuals who currently do give blood."

Also today, counsel for Mr Cain summed up the legal aspects of the case, arguing that there are no legislative impediments to the Tribunal declaring the current gay blood ban to be discriminatory.

Closing submissions on the medical aspects of the case will begin next Friday at 9.15 am.

For more information on gay blood donation visit www.gayblooddonation.org
For more information call Rodney Croome on 0409 010 668.