Gay Rights

It's Time to End the Federal Ban on Gay Blood Donations

Published September 09, 2009 @ 03:52PM PT

Blood

In 1983, the U.S. Food and Drug Administration (FDA) instituted a discriminatory rule on blood donations that prohibited sexually active gay men from donating blood.  The thinking at the time, which was far more rooted in homophobia than medical fact, was that the majority of gay men were diseased and their blood contaminated with HIV.

Twenty-six years later, the U.S. still operates under this outdated and discriminatory policy, which leaves countless numbers of patients stuck without a blood or bone marrow donor.  That's why it's welcome news that states like California are taking up the call to push the FDA to end the ban on gay blood and bone marrow donations.

In California this week, the State Assembly passed a bill called the U.S. Blood Donor Nondiscrimination Resolution, which (while symbolic) would urge the federal government to do away with the 1980s ban on gay blood and bone marrow donors.  Equality California (EQCA), among other groups, have been helping to champion this bill all along, arguing that the fears about HIV transmission that resulted in the prohibition are no longer warranted.

"Today, a better understanding of the disease and significant innovations in blood screening technology make the fear of HIV/AIDS spreading through the blood supply nearly nonexistent," EQCA says. "The three major U.S. blood donation agencies, the American Red Cross, the American Association for Blood Banks, and America’s Blood Centers have found that the lifetime blood donation ban on men who have had sex with men is medically and scientifically unwarranted."

That's the key point, right?  Banning gay men from donating blood is not preventing HIV transmission, it's just fostering discrimination.  And this comes at a time when blood supplies continue to dip to dangerously low levels.  As EQCA notes, this year alone California had a record low four-hour supply left of Type-O negative blood, while in January some hospitals in New York had to ration their blood supplies for fear of running out.

California's State Assembly took the right step here.  It's a step that Health and Human Services Secretary Kathleen Sebelius -- who oversees the FDA -- should be paying attention to.  If not for equal rights, then for the greater good of public health.

(Photo courtesy of Garrett Albright's photostream on Flickr.)

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Comments (41)

  1. Dave Hershey

    You know, I have totally mixed feelings on this. I personally can see both sides of this policy. And although we know that technology has advanced; I'm not sure if we are there yet. HIV infection window is usually 2 weeks to 3 months but can be as long as 6 months before it is detected (source, http://www.stdresource.com/concern/c1_d_3_a.php.)

    We also have to remember that the ban isn't just enforced on gay men. It is also true for IV drug users, prostitutes, and women who have had sex with a man that has had sex with another man.

    I understand that many men are on the DL and could have transmittd it to a female (without knowledge to the female,) but again the ban is not just on gay men.

    I guess one of the positive sides of this could be that by granting more gay men the opportunity to donate blood, we would also get a better count of how many men who have sex with men (not necessarily gay men) are actually positive. But I personally would rather our blood supply not be the actual labratory to determine this.

    I don't know. Like I said, I have thought about this on MANY occasions and have yet to determine on whether this ban should be lifted. I personally think I would feel much more comfortable with it, if there were an effective vaccine available.

    I know I'm probably going to get flamed on this one, but I truly have mixed feelings on it.

    Posted by Dave Hershey on 09/09/2009 @ 04:47PM PT

  2. Michael Jones

    Hey Dave,

    Wow, I think for the first time we disagree!  I won't be flaming on you, though. For me the ban reinforces the message that gay men breed disease, and I think most major scientific evidence shows that the tests that blood go through are thorough enough to protect from the possibility of disease transmission. 

    I would love your opinion on what, for you, would be the conditions necessary to see before lifting the ban?

    Thanks for commenting, and thanks for sparking dialogue!

    Posted by Michael Jones on 09/09/2009 @ 05:22PM PT

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  3. Dave Hershey

    LOL! Thanks for not flaming me Mike. There is always a first for everything, you and I disagreeing is just one of those firsts :)

    Just looking at the statistics, more than half of all new HIV infections are still men who have sex with men. Clearly not all gay men are stupid (and have unprotected sex,) but most gay men on occasion do get drunk stupid on occasion (yes even the brightest of us....lol) not to say that heteros don't.

    I know it reinforces the stereotype (and that is one of the reasons I have mixed feelings on it.) But I also see that much of our community hasn't learned from the past (especially those coming up behind us) and are not playing safe. in fact, a friend of mine asked me to a "sero-convert" party last week. Seriously!!!!!! It made me sick to my stomach. (For those of you who aren't familiar with what a sero-convert party it, it is those who go simply to have sex to CATCH HIV.)

    We have to remember how defunct our education system has been over the past 8 years under Bush. They didn't provide sex education to our youth - they simply taught abstinence only.

    Again, I'm not really sure what conditions would have to be in place. And as I said above, I think I would be much more comfortable if there were an effective vaccine.

    I think in some ways it would be good to lift the ban, but I also think that too many within our community are irresponsible. If they were able to detect the virus within 24 hours, I would probably be okay with that as well. But technology isn't at that point yet.

    I also think that if there is even the slightest chance of transmission, it could potentially be too risky. I don't know. All I can really say is, I don't know.

    Posted by Dave Hershey on 09/09/2009 @ 06:32PM PT

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  4. Thomas McHugh

    Mr. hershey...

    With all due respect, I tend to question any set of statistics that would make any minority look worse than they really are...

    The reason being that all too often, discrimination and politics goes hand in hand...

    Posted by Thomas McHugh on 09/09/2009 @ 08:44PM PT

  5. Seth Piepgrass

     

    I work in a hospital and we give a LOT of blood to kids with life-threatening diseases.  Most of these kids are already immuno-supressed.  Let me impress the gravity of this situation to you, one child in the course of treatment may go through many units of blood.  Just one case of those containing HIV, HEP C or other blood-born diseases will kill this child fast.  This is not a political decision, it's a statistical decision.  In the same hospital we have IV drug users and you can bet that most long time users are HIV positive.  It's law of statistics, just because you are an IV user does not mean you are HIV positive, but if I am looking at  the numbers I'm not going to accept your blood because the chance of it having a blood-born illness is much higher than if you did not engage in behavior that put you in that category.

    To that point the survey does not ask if you are gay, it asks if you have had sex with a man if you are a man and if you are a woman if you have had sex with a man who has had sex with another man.  The question asks if you engage in an action that has a higher risk factor, not your sexual identity.  You may be gay but celibate, then you are perfectly free to donate blood.  In the future when (and I believe this is the way the LGBT community is headed) statistics for heterosexual and homosexuals and bisexuals have the same rate of transition I don't think it will matter if you are in a monogamous relationship as to if you can give blood or not. 

    I would agree with Mr. Hershey, we aren't taking about little white lies, these are lives.  I see them every day and I see the lives that blood saves.  If the blood supply had to be tested further because more possibly HIV positive cases entered the blood supply the cost would be paid in lives and that is not a price anyone should make another reason pay to advance their agenda, as important as it may be. 

    To follow up here are some statistics from CDC.gov;

     

    http://www.cdc.gov/hiv/topics/msm/resources/factsheets/msm.htm

    Posted by Seth Piepgrass on 09/09/2009 @ 09:11PM PT

  6. Reply to thread
  7. Edwin Bonilla

    The ban on LGBT people giving blood is stupid with reasoning for it based on nonsense. That intolerant law from decades ago must be repealed to make way for the greatness of tolerance while helping people who need blood. The California Senate Assembly has done the correct thing by passing a bill which obligates the federal government to repeal that law. This must be the year in which that ban is repealed because oppression against LGBT people is unjustified.

    Posted by Edwin Bonilla on 09/09/2009 @ 05:05PM PT

  8. Shanah Bachmann

    Well technically noone has to know whether you are gay or not, like think about it, they can't ask that on a job application. It's noones damn business if you are gay or LGBT or striaght and contrary to popular belief, you don't have to tell anyone that business. If they must know, they don't always need to know the TRUTH now do they? Little white lies usually don't kill people, but in this case, it may save someones life. =^.^=

    Posted by Shanah Bachmann on 09/09/2009 @ 05:26PM PT

  9. Dave Hershey

    Shanah, actually there are questions that every blood donor must answer before each donation. If I remember correctly (20 years ago - before I became sexually active) some of the questions were as follows:

    If you are a man: Have you had sex with another man, even once, since 1977?

    If you are a woman: Have you had sex with a man who has had sex with another man, even once, since 1977?

    For both: have you used intravenous drugs? Or something to the effect of "have you shared a needle with another person" (I can't remember the exact wording.)

    For both: Have you ever exchanged sex for money? (As if no married person has ever done that, right? - LOL Can we say "Real Housewives?")

    There were a lot more that I can't remember, but they all go to risk factors. These are just "little white lies" because in some cases, they CAN kill people if the disease is allowed to enter into the blood supply.

    Posted by Dave Hershey on 09/09/2009 @ 06:39PM PT

  10. Thomas McHugh

    Mr. hershey...

    All they have to do is test each would be donor before accepting a donation from them or for that matter, they could test each donation...Something they should be doing anyways no matter what the sexual orientation or sexual activity of the donor is.

    Posted by Thomas McHugh on 09/09/2009 @ 08:48PM PT

  11. Shanah Bachmann

    All I'm saying is it is NO ONES business, it is their job to make sure that the blood they are taking is not contaminated and isn't going to harm someone. Gay people ARE NOT the only ones who could ever possibly contract, spread, or donate blood containing HIV. If you live, and you breathe, and you enjoy a promiscuous sex life, no matter your sex, race, religion, or sexual orientation, you could be infected with all sorts of things. The fact of the matter is that they need to be asking everyone this, in a generalized, non discriminatory manner, it is unfair to LGBT people to single them out just as it would be unfair to point me out because I am female, or an African American person just because their skin is dark. Discrimination is discrimination, and we need to lessen it as much as possible. I'm sure there are straight people that lie on those questionnaires about their sex life. And some of them most likely have the HIV virus or something else for that matter. It is not their job to sit there and ridicule you for the way you choose to live your life, it is their responsibility to make sure that the blood is safe and it gets to where it needs to be to save lives. A simple tests of a few drops of the blood can tell them whether its safe or not. When I went to donate blood, they took some blood to test for HIV and they tested my iron levels as well along with many other things that little machine does lol. It's a simple procedure that takes about ten seconds. I just think that we need to stop hating each other and find SOME WAY to survive together, in the same space, we were only given ONE planet to live on XD.

    =^.^=

    Posted by Shanah Bachmann on 09/10/2009 @ 07:32AM PT

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  12. Sarah Burnside

    Has your man been in jail in any part of the last 10yrs and has he been incarcerated for more than 1yr at a time?  This is a question that needs to be on the form now.  More African-American women are dying because of what "they man" do while he in jail.  African-American women are the largest group being infected more than any other group but it is not a race that we need to have because everyone looses this one.  This has been the worst yet, Gay men numbers had been declining until people realized they can live with a pill. (What a bust that campaign has been)..So why be careful once the "danger" was taken away "You can still live with H.I.V. people became lax...I know I gave Blood when I was 16, 18 and 24.  When I needed Blood 3yrs ago I am glad it was there...Education is key no matter who is asking what question.  I lived in San Francisco from the start of the epidemic and it was use a condom, use a condom so if you didn't it was dumb on your part.  That campaign was geared toward Gay Men not heterosexuals, I knew I still did not want it so I carried my condoms.  As long as people lie like the other person said it does not matter what questions are asked or not asked...

    Posted by Sarah Burnside on 09/13/2009 @ 02:51PM PT

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  14. Thomas McHugh

    I think its about damn time...

    Posted by Thomas McHugh on 09/09/2009 @ 08:49PM PT

  15. Dave Hershey

    Thomas, from my understanding they are testing every donation. But the problem is that someone could be infected today, donate tomorrow and the blood is already tainted, but it won't test positive. Therefore, the patient receiving the tainted blood will also be positive.

    You also have to understand that the statistics that are reported are self-identified. Therefore, these statistics that show that men who have sex with men would actually go up if there were full investigations that took place surrounding those new infections.

    I also understand the discrimination and politics side of it, I'm just saying that if there were a test developed that could detect the virus within 24 hours of infection, then I would go along with it. But as of yet, the tests don't detect until the two week mark at the earliest.

    Posted by Dave Hershey on 09/09/2009 @ 08:57PM PT

  16. Seth Piepgrass

    Taking into account the shelf life of blood products and the added cost of testing and it adds up to a higher cost for the same results at best and at worst more false negatives (no test is 100% effective) and the cost is higher rate of infection from blood donation.  Add either of these conditions to a group like the Red Cross and you severely limit the lives that are saved every year from donation. 

    Posted by Seth Piepgrass on 09/09/2009 @ 09:18PM PT

  17. Thomas McHugh

    The problem with both yours and mr. piepgrass's argument is that the person infected may not neccessarily be homosexual...Statistics only go so far...The scenario suggested by mr piepgrass would actually have a greater likelyhood of happening with an infected heterosexual simply because of the amount of faith put in those statistics.

    Posted by Thomas McHugh on 09/11/2009 @ 04:49AM PT

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  19. Dave Hershey

    Seth,

    First, thank you for adding to the discussion. Like I said, I knew I was in for it. And although I haven't been "flamed" by anyone, it is good to hear from a medical professionals perspective.

    Personally I do believe that if there were a test that could detect the virus within the first 24 hours, this could be achieved. In addition, that test could be subsidized by the federal government until the cost was reduced to a level the organizations could afford without that subsidy. I just don't believe the technology is quite there yet.

    Although the issue of equality and the ending of discrimination is important to me (as a gay man) I just don't see putting other people's health at risk as being beneficial.

    I'm sure I will continue to struggle with this issue, but for now I'm just not ready to make the leap to lifting the ban.

    Posted by Dave Hershey on 09/09/2009 @ 09:44PM PT

  20. Seth Piepgrass

     

    Oh without a doubt if there was a test that was quick, effective, and cost effective I don't think the ban would be an issue, after all that is a large population that could bolster reserves when blood is in low supply.  I think the best way that the LGBT community can change this ban is to be more conscientious about the risk factors for HIV and other STD's.  When being a sexually active gay man no longer means that you are in a higher risk category I think many of the issue we are talking about become non-issues.

    In matters of social equality, I am absolutely for being active in your cause.  I think you are right though Dave in recognizing that putting other peoples lives at risk for the sake of making your point... If even one innocent life is lost I would hope that would make you think very hard if this is a battle best fought, or if energies would be best directed to more social and less medical avenues.

     

     

    Posted by Seth Piepgrass on 09/09/2009 @ 10:09PM PT

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  22. Jason Ramsey

    From Seth "In the future when (and I believe this is the way the LGBT community is headed) statistics for heterosexual and homosexuals and bisexuals have the same rate of transition I don't think it will matter if you are in a monogamous relationship as to if you can give blood or not. "

    Black people, and black women especially, make up the majority of people who have HIV in the states for which we have recent statistics (http://www.cdc.gov/hiv/topics/aa/index.htm)

    According to the CDC, due to higher levels of poverty and cultural stigma, regular testing and safe practices are less prevalent in such populations. 

    MSM at least know they are MSM (whether they choose to disclose it or not). But how many heterosexual women (of any race) know if their partners have had sex with men?

    For that reason, should the Red Cross start banning blood donations from African American women?  It's not politically viable (because it's wrong).

    But it is still politically acceptable to single out gay men, whether they are sexually responsible or not.

    The time has come to either do away with this policy, or extend its harsh measures to other "high risk" components of the population identified in statistics.  Either we all enjoy equal dignity, or none of us do.

    Posted by Jason Ramsey on 09/10/2009 @ 10:33AM PT

  23. Dave Hershey

    Jason, your link went to a page that was not found. But I did a little further search and your statement that Black women make up the majority of people who have HIV int the states for which we have recent statistics is inaccurate. They may have begun trending higher, but the fact is that men who have sex with men still make up approximately 53% (56% if you include male IV drug users who have sex with other men) of all new HIV/AIDS cases in the US. (Source, http://www.cdc.gov/hiv/resources/factsheets/us.htm) Women in fact made up only 26% of new HIV/AIDS cases.

    Apparently you didn't read an earlier post of mine that addresses many "high risk" groups that are also denied the opportunity to donate blood. These include but are not limited to prostitutes (anyone who has received money, drugs or any other form of payment for sex - like I said in my earlier post, this never happens in hetero marriage *snark off*,) men who have had sex with prostitutes, IV drug users, individuals who have gotten recent tattoos, women who are pregnant, people who have lived with or have had sexual contact with someone who has Hepatitus, people who have received a transplant or blood transfusion, people who have had an accidental needle-stick, had sexual contact with a hemophiliac or someone who has taken clotting factor concentrates, people who have been in prision/jail/juvenile facility for more than 72 hours, and those who have had or have been treated for syphilis or gonorrhea, been outside the US (or Canada) within the past 3 years. These are ALL disqualifying factors.

    Now I agree that some of these disqualification factors are antiquated, some of them still make sense. Looking at the link that I posted above, there are still hemophiliacs (among transfusion recipients) who have obtained HIV through the blood supply. And again, I would have no problem if there were a test that would detect it within 24 hours of infection, but the technology simply isn't there yet. In fact, I wish someone who come up with such a test, but until they do, I still think that our best option is to keep the blood supply as safe as possible.

    Posted by Dave Hershey on 09/10/2009 @ 11:30AM PT

  24. Dave Hershey

    Trust me, this is VERY difficult for me to say as a gay man.

    Posted by Dave Hershey on 09/10/2009 @ 11:31AM PT

  25. Dave Hershey

    I figured out where the numbers you got were coming from....... when you click on the link you posted the extra ")" at the end prevented it from locating the page.

    I also think that you somewhat misunderstood the data a little bit. The break down that 64% of black women are those who have HIV, the data indicate that of women (only women) 64% are black. Not that black women make up 64% of all HIV/AIDS cases in the US. Yes blacks make up 49% of those who are living with HIV/AIDS in the US; however, the two main risk factors of that group are men who have sex with men, and IV drug users (both disqualifying categories for blood donors.) If we are going to lift the ban on gay men, should we also lift the ban on IV drug users as well? After all, IV drug users make up an even smaller number than gay men in this country.

    I'm not saying that to be snide, I would just like to determine a baseline as to what risk factors are and are not acceptable.

    Posted by Dave Hershey on 09/10/2009 @ 12:06PM PT

  26. Thomas McHugh

    Indeed mr. ramsey.

    Posted by Thomas McHugh on 09/11/2009 @ 04:53AM PT

  27. Reply to thread
  28. Jason Ramsey

    Dave I did read your earlier post and understand well that the policy does not read "refuse donations if the person identifies as gay," and that many other scenarios are singled out which have nothing to do with MSM.  I was simply stating that we could, if so inclined, multiply even further the criteria for weeding out populations with higher levels of risky sex practices.  We could create a new medical population, for instance, "Women who have sex with Men who have sex with Men on the DL," or "WWHSWMWHSWMOTDL."  Now I am aware, thanks to your previous post, that this is in fact asked about on the form.  But the simple fact is that most of the women in this category don't even know that they constitute such a group (one of the wonderful results of men being on the 'down low,' which is in turn encouraged by hateful prejudice).  If the reason that HIV+ African American females
    outnumber over 3 to 1 Caucasian and Latina HIV+ females could be proven to be due to stronger stigmas in some of their communities, then should the Red Cross bar black women from giving?

     

    Posted by Jason Ramsey on 09/10/2009 @ 03:45PM PT

  29. Dave Hershey

    Jason, I understand what you are saying. But you are comparing someone for being in a high-risk category they don't even know they belong in to those who are admittedly at higher risk?

    I am looking at the facts, and those facts show that MSM make up 53-56% of the population that carry HIV. It is also estimated that 25% of people with HIV don't even know that they are positive. Much of that is because people are afraid to get tested. I'm sorry, but I don't think that people should be jeopardizing the blood supply by getting their HIV tests done where the potential of spreading the disease on to other non-suspecting victims.

    Would you really feel comfortable knowing that the potential for you to contract somethign due to something that is completely out of your control? I just don't believe that everything should be done to prevent furthering the risk to others. After all, our medical system is set up to uphold the oath of first and foremost, "to do no harm."

    I know that we are probably going to end up agreeing to disagree, but I do appreciate the dialogue.

    Posted by Dave Hershey on 09/10/2009 @ 04:14PM PT

  30. Dave Hershey

    UGH! I should have proof-read

    *I just believe everything should be done to prevent.....

    Posted by Dave Hershey on 09/10/2009 @ 04:20PM PT

  31. Reply to thread
  32. Jason Ramsey

    Why can't i make that comparison?

    And I appreciate the dialogue too. 

    We also didn't touch yet on the effectiveness of the format - i.e. the "confessional."  Is it morally wrong for me to lie about it if i haven't had sex since testing begative and before giving?  Because it's breaking the policy rules. 

    On the other hand, is it morally wrong for a heterosexual to give blood even if they have unprotected sex with more than one partner on a regular basis?

    I have never given blood.  Everytime I see a drive going on, I start off in the direction, before remembering i don't qualify.  I don't feel right lying about it.  But some might.  The joke/danger is that in the end it may just be a personal decision rather than a legislative one.

    Posted by Jason Ramsey on 09/10/2009 @ 04:32PM PT

  33. Dave Hershey

    I gave blood years upon years ago (of course it was before I became sexually active,) and yes i feel it is morally wrong for heterosexuals to give blood if they've had unprotected sex with more than one partner on a regular basis, and should probably be one of the questions asked. But that is my moral basis.

    As far as lying, I would never condone because even the most innocent of intentions can have devastating consequences. Again, that is me and the type of person that I am.

    Posted by Dave Hershey on 09/10/2009 @ 04:54PM PT

  34. Reply to thread
  35. Jason Ramsey

    If people are dying because of lack of blood in hospitals, AND I know for various reasons that I do not have HIV, would it be moral to NOT give?

    Posted by Jason Ramsey on 09/10/2009 @ 04:34PM PT

  36. Dave Hershey

    Now you know why I am conflicted on the issue. I agree with what you are saying to an extent. I think it would depend on the length of time between the testing period. For example, if you got tested six months prior and then a week prior (and not having sex within the time frame from the first test) then I wouldn't have much of an argument against it. But most people (if at all) get tested once a year (six months at most.)

    Posted by Dave Hershey on 09/10/2009 @ 04:46PM PT

  37. Ted Faigle

    What is immoral is that the FDA regs force you into the position where you have to question your own morality on a life and death question. See my comment further along...

    Posted by Ted Faigle on 09/13/2009 @ 12:04PM PT

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  39. Chris Marshall

    I am an O neg blood type with a rare phenotype that very few people have. Although I am in a monogamous relationship and am gay, Michigan community blood has never refused my blood. Now both Ruben and I dont have any STDs. I am not asked but begged to donate blood every five weeks because of my blood type and the shortage of it in northern Michigan. As a person who is also in the medical field I understand your concern Dave, I too have concerns for people who are high risk as well. However there are many promisquous heterosexuals that give blood and they need to be banned as well.

    What we need to do is require people to take manditory STD screens prior to donating blood. If they have had sex with any strangers they should not be allowed to donate without a five month waiting period and an full STD screen. Once they have the screen and they present the paper work to the screeners, if they clear they should be allowed to donate. However the normal blood testing process should still be conducted just in case. As of now testing for STDs is getting cheaper. Even if I had to pay for a full screen, which is now $465.00 USD I would so I could make sure I can save lives.

    Granted people might not have that money, until the screens become cheaper I feel if you want to donate blood, wheather gay or straight you must get screened.

    Posted by Chris Marshall on 09/10/2009 @ 06:10PM PT

  40. Dave Hershey

    There are many promisquous heterosexuals that give blood and they need to be banned as well.

    I agree with you 100% on that Chris, as well as with the majority of your post.

    Again, my only problem is that the incubation window is so long on HIV that the technology that exists today just can't catch all contaminated blood going into the blood supply.

    So Chris, how do you get around the ban? Do they not ask you? Do you lie to them? I'm confused.

    Posted by Dave Hershey on 09/10/2009 @ 06:26PM PT

  41. Chris Marshall

    No I do not lie. I am honest that I am in a relationship and its with a man, the nurses who take my blood know me quite well now since I go to the same clinic every five weeks. I gave blood before Ruben came here and before I lost my virginity to him. I had him tested for STDs as soon as he got here because he was in a previous relationship long before we decided to take our intimate friendship to what it is today. I also got tested, even though it wasn't any use, to not leave him feeling alienated. He was very mature about the situation and had no STDs of any kind.

    When Ruben had to return to Finland I waited four months before I started donating blood. Before that I got retested for all STDs and had none. I started giving blood agian when the nurses called my house wondering why I havent donated in so long and that my blood is extremely important, especially children of the same blood type with cancer. After I told them I couldn't give blood because of the ban they told me to come in and talk with their screeners. After I gave my paper work to the screener she decided to disreguard the ban. Like many gay couples and people I am very responsible with my body and my health. I dont know for a fact but i believe there are a few places that disreguard this ban because of it's bias.

    This is what I propose as a new ban: All persons who have sex with strangers must wait five months then produce a mandatory test that proves they carry no pathogens that could cause disease. That is my solution. If someone wants to give blood to save lives then they will follow the rules just like many of us already do. No exceptions.

    Posted by Chris Marshall on 09/11/2009 @ 07:38PM PT

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  42. Dave Hershey

    Don't make that informatin too public Chris at least for now. Thanks for sharign the circumstances for which they do make exceptions (AND for being as responsible as you are.)

    Posted by Dave Hershey on 09/11/2009 @ 07:47PM PT

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  44. Caitlyn Nason

    Wow, that is easily one of the stupidest laws I have ever heard of, and I've heard of some pretty stupid ones (in California you can only use mouse traps if you have a hunting license). Don't they test for HIV diseases BEFORE they take your blood? Wouldn't they know if you had one? Why would your sexuality even slightly matter?

    Posted by Caitlyn Nason on 09/12/2009 @ 03:12PM PT

  45. Seth Piepgrass

    There is no rapid screening for HIV so no they don't screen for HIV before taking your blood and the vials that they do take are screened with tests that can detect HIV...  However there is no 100% accurate screening for HIV and the best we can do is repeated screens over time. Let me make sure this is perfectly clear NO TEST IS 100% ACCURATE.  Blood and blood products have a shelf life so it's impossible to be 100% certain that the blood being donated is not contaminated. 

    It's a a statistics decision really.  If you have a group that has a .5  chance of having HIV and another group that has a .009 average chance it makes more sense to have the .009% when you have a test that has a .1% false negative result.  I'm pulling the raw numbers out of my ear but you get the concept. We are playing a statistical balancing act between saving lives and protecting the lives of those in need.

     

    Posted by Seth Piepgrass on 09/12/2009 @ 08:03PM PT

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  47. Andrew Heugel

    I feel that the questions that are asked to screen potential blood donors need to be changed. About five years ago when I went to donate blood at my place of employment I was asked if I'd had unprotected sex with a man since 1977, etc. I said that I had, but that I had been tested for sexually transmitted diseases, including HIV since the last time I had and outside of the window period, thus knew that I was negative for any STD. I was still not allowed to donate blood.

    At that time I told the nurse that the ban on my donating blood because I had unprotected sex with men years before was stupid as I had been tested and was negative and thus represented basically a zero risk. I added that I felt that this ban was discriminatory. As I was told I couldn't donate blood, I was advised to keep the fact that I had engaged in gay sex private. I told them that I didn't care who knew that I was gay.

    Thus, while I agree with your concerns Dave, I  feel that I've got to disagree on a ban, but instead suggest that the questions be phrased to determine whether someone may unknowingly be positive for an STD. I feel that the vast majority of people who choose to donate blood are conscientious regarding whether they have an STD, but I feel that some new, improved version of the current risk factor questions should be asked.

    I feel that the people who engage in risky activities due to heavy drinking and/or drugging and/or due to lack of education are generally unlikely to try to donate blood. And, we need to remember that these are are just questions and not a test, and that we need to do all we can to test our blood supply to ensure that it is safe.

    Posted by Andrew Heugel on 09/13/2009 @ 10:59AM PT

  48. Patrick Graydon

    I couldn't agree more.  I am also a gay man, I practice serial monogamy and safe sex, I can count the number of partners I've had in 33 years on one hand, I haven't had sex with anyone for over a year, I've tested negative for HIV and been generally healthy in that period, and still my O negative blood must stay out of the donor pool.  I could marry someone else, man or woman, and we could be monogamous for the rest of our lives, and my blood would still be excluded.  I find it very difficult to believe that, by focusing on specific recent and/or frequent high-risk sexual acts, the relevant health organizations cannot construct a new set of screening questions that is at least as effective at preventing transmission while opening the door to an increased number of donations.

    Posted by Patrick Graydon on 09/13/2009 @ 12:10PM PT

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  50. Ted Faigle

    Since I am old enough to have been an acceptable blood donor before the ban I guess I'll just have to be satisfied that I may have done some good before the FDA gave in to mass ignorance and fear of us scary queers.

    Even though my partner and I are in a committed long-term monogamous relationship (and are nonetheless tested for HIV every year with negative results), I still fail the all-wise FDA's test of worthiness to help save the lives of those who may need my contribution.

    If you support the FDA ban and are ever in a life-and-death situation where you need just one more pint of blood and I'm the only one who could help you, well, sorry. The FDA says I'm just not worthy. So the FDA says you're dead. Am I going to lose sleep over the fact that you had to die because you agree with the FDA? Well, what do you think?

    How do monogamous gay men in long term relationships - but not out in their workplace - deal with the pressure to donate blood when the bloodmobile comes around? I've witnessed people become suspicious and spread vicious rumors about certain others who decline to submit to the call for blood donors. I always just tell the folks who come around in the bloodmobile: "Sorry, but I've been declared ineligible to donate blood due to discriminatory FDA policies based in ignorance about my homosexual nature."

     

    Posted by Ted Faigle on 09/13/2009 @ 11:58AM PT

  51. Chris Marshall

    Well said Ted however it is not that simple. Until we are no longer oppressed, self destructive behavior will continue to flourish in the underground with us LGBT. We are still the highest risk factor for transmitting HIV. The CDC is quite clear that these high rates will only rise unless we are finally considered equal and are no longer discriminated against. It has been shown across the border that in areas of the US that support LGBT fully, like MA, the HIV rates have declined.

    Hopefully after Obama pulls his head out of his segregationist ass, some progress will be made... but I still have little to no hope for this country. To work around this ban I say we force all people who have sex with strangers to have to wait a 5 month period and then take a mandatory STD screen. If they pass the screen then they should be allowed to donate. If they are in a relationship their partner must also get screened.

    Basically what you are doing with your spouse is the responsible thing to do that should be allowed to pass for donating blood. However in time this ban will be lifted after HIV rates decline within out populace.

    Posted by Chris Marshall on 09/13/2009 @ 05:01PM PT

  52. Ted Faigle

    "Until we are no longer oppressed, self destructive behavior will continue to flourish in the underground with us LGBT..." No doubt. Self destructive behavior is a big issue among LGBT people. But the issue really IS a simple one.

    It is quite simply nothing more than an unfair stereotype to brand all LGBT people as self destructive. I do not assume that YOU are self-destructive. Should I? Does anyone have that right?

    That is the attitude that we fought against in the early days of ACT UP. It is based in the same prejudiced rationalization that is used to support the ban on queers who want to serve their country in the military and every other discriminatory policy and law that preserves our collective criminal-class status. It presumes we are all guilty of being self-destructive. We are not.

    It is simply not true that we all respond to oppression by engaging in self destructive behaviors. And those who are among the "self destructive LGBT underground" are not likely to go out of their way to donate blood, join the military or marry their partners, are they? Why would they? There is nothing self destructive about that (except maybe for wanting to join the military and going off hoping to be killed somewhere). 

    Health Public policy based on behaviors should not exempt any group of people (i.e. heterosexuals) who are capable of engaging in the same kind of risky behavior that a target group (i.e. LGBT) is believed to engage in as a group. Simply put, this is the very meaning of discrimination based on prejudice. Simple.

    Posted by Ted Faigle on 09/13/2009 @ 07:44PM PT

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Michael Jones

Michael is the Communications Director for the Human Rights Program at Harvard Law School, and previously was Communications Director for Pax Christi USA, a progressive Catholic human rights organization.

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