Gay Blood Donation Campaigner Vows to Continue Fight After Tribunal Upholds Red Cross Ban

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Decision “disappointing” by “step in the right direction”

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■ Michael Cain: “This was a knife-edge decision in which the Tribunal erred on the side of caution, but given how much of my case it agreed with, I am confident the next time this matter goes to court the outcome will be a new policy.”
Photo courtesy Tasmainian Gay and Lesbian Rights Group

HOBART, May 27, 2009 – Gay blood donation campaigner, Michael Cain, says he will not give up his fight for gay men who have safe sex to give blood, despite today’s decision by the Tasmanian Anti-Discrimination Tribunal upholding the current blanket gay blood ban.

And he has called on the Red Cross to conduct a trial of gay blood donation to determine its safety.

The Tribunal dismissed Mr Cain’s claim of discrimination on the basis that the Red Cross has a legal obligation to ban gay donors and because, in the absence of conclusive data on the risk associated with low-risk gay sex, the Red Cross must act on “the worst case scenario”.

Mr Cain said the Tribunal upheld almost all of his arguments for reform.

“I am pleased the Tribunal has agreed with my fundamental claim that there are monogamous, safe, gay men who have a lower HIV risk than some of the straight people who can currently give blood,” Mr Cain said.

“It's disappointing that they have not followed through on this conclusion by allowing these men to donate, but it's a step in the right direction that I and other people will build on.

“This was a knife-edge decision in which the Tribunal erred on the side of caution, but given how much of my case it agreed with, I am confident the next time this matter goes to court the outcome will be a new policy.

“The Red Cross's absurd claims that all gay sex is very high risk because gay men are all sexually irresponsible and promiscuous are now officially dead and buried.”

Mr Cain said he will write to the Red Cross asking for a meeting to discuss a gay blood donation trial.

“Given the Tribunal’s conclusion that there are safe gay donors, its endorsement of further research, and the nation’s urgent need for more safe blood, I call on the Red Cross to conduct a trial to determine the safety of gay blood donation,” he continued.

"I will also continue to campaign against the gay blood ban, speaking out at every opportunity and helping people in other countries challenge their gay blood bans.

“Most importantly, when more research emerges that backs up my case I will be straight back before the Tribunal.”

Although it agreed that some gay men who practise safe sex have a very low HIV risk, the Tribunal agreed with the Red Cross that donor deferral policy must “address broad categories of the population”.

Its conclusion was that there are different views among experts about levels of HIV risk associated with safe gay sex and that the Red Cross must therefore act on “the worst case scenario”.

■ To read the full Tribunal decision (181 pages in pdf format) click HERE

SEE ALSO

Australia: Red Cross Accused of “Playing on Fear” as Gay Blood Ban Closes. The landmark Tasmanian case on gay blood donation has ended with claims the Red Cross is “playing on fear”. (UK Gay News, November 17, 2008)

Removing Gay Blood Ban Would Help Save Lives, Lawyer Says. The Red Cross would have more safe blood available for people in need if it accepted blood from gay men who have safe sex at tribunal was told today. (UK Gay News, November 7, 2008)

Gay Blood Donor Case in Australia Hears Final “Crucial” Evidence. Gay activists have described as “crucial” final evidence presented today to the Tasmanian Anti-Discrimination Tribunal in a case initiated by Launceston gay man, Michael Cain, against the Australian gay blood ban. (UK Gay News, October 31, 2008)

HIV Researcher Says STIs No Basis for Gay Blood Ban. HIV researcher, Prof John Kaldor, has agreed rates of sexually transmitted diseases other than HIV are not a basis upon which to ban gay men from blood donation. The concession came during evidence from Prof. Kaldor to the Tasmanian Anti-Discrimination Tribunal hearing into gay blood donation which continued in Hobart today. (UK Gay News, September 30, 2008)

HIV Researcher Questions Blanket Gay Blood Ban, But Still Endorses It. In a mixed result for gay blood donation campaigners, a senior HIV researcher has labelled the current ban on gay blood donation as “conservative” but still endorsed it. (UK Gay News, September 29, 2008)

Gay Blood Ban Hearing: Questions for Gay Donors Would Take Too Long, Red Cross Claims. Questions necessary to establish if a potential gay blood donor is able to give blood would take too long, Dr Brenton Wylie, from the Australian Red Cross, told the anti-discrimination Tribunal today. (UK Gay News, August 20, 2008)

Gay Blood Ban Hearing: Red Cross Ignores Concerns from Experts and AMA. The Australian Red Cross has ignored the expert opinion of its chief medical advisor on low risk sexual activity between men, it was claimed today. (UK Gay News, August 19, 2008)

Gay Blood Ban Hearing: Screen Donors for Risky Sex, Not Partner’s Gender – Aids Expert. An Australian Aids expert has told the Tasmanian inquiry into the gay blood ban that it is time for donors to be screened for risky sexual activity, not their partner’s gender. (UK Gay News, August 18, 2008)

HIV Infection From Gay Blood Donation Likely “Once Every 5769 Years”. The Tribunal hearing a case against the Australian Red Cross gay blood ban has been told today that if the current bar on gay blood donation is lifted, a single HIV-positive blood donation from a gay man will slip through clinical screening in Tasmania once every 197 years. (UK Gay News, August 15, 2008)

Bio-Ethicists Address Gay Blood Donor Hearings. Two bio-ethicists today addressed the inquiry underway in Tasmania into gay blood donation. (UK Gay News, August 13, 2008)

Tasmanian ‘Gay Blood’ Inquiry Hears that Safe Sex Works. An inquiry into the current ban on gay blood donation has heard that safe sex is effective in reducing HIV risk. Social researcher, Associate Professor Anne Mitchell, today told the Tasmanian Anti-Discrimination Tribunal that risky sexual activity is not as widespread amongst gay and bisexual men as some studies suggest. Full witness statement of Prof. Anne Mitchell. (UK Gay News, August 12, 2008)

Gay Blood Ban Hearing: Red Cross Accused of “Scare Tactics”. Gay activists have accused the Red Cross of scare tactics on the first day of a hearing into Australia’s gay blood ban, in Hobart today. (UK Gay News, August 7, 2008)

Groundbreaking Gay Blood Ban Case Starts Thursday. The first full hearing in a groundbreaking gay blood ban case begins in Hobart, Tasmania, on Thursday before the Tasmanian Anti-Discrimination Tribunal. (UK Gay News, August 5, 2008)

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Posted: 27 May 2009 at 09:00 (UK time)