Despite a disappointing decision by the Tasmanian Anti-Discrimination Tribunal gay blood donation campaigner, Michael Cain, says he will continue to fight for gay men who have safe and low-risk sex to be able to give blood.
The Australian Red Cross will not accept blood donations from men who have had sex with another man in the previous 12 months due to the risk of HIV, which in its early stages may not be detected during routine testing of the blood.
Mr Cain argued that homosexual men who practice safe sex or are in a monogamous, long term relationship pose no greater risk to Australia’s blood supply than heterosexuals.
‘The Red Cross’ 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,’ he said.
While the Tribunal agreed with Mr Cain that reform to current Red Cross policy is needed, it found that the organisation did not discriminate against him and must act on ‘the worst case scenario’.
Paragraph 381 of the Tribunal’s decision states, ‘The epidemiological evidence establishes that the blood of the majority of homosexuals does not pose a risk to the blood supply.
‘Indeed, focussing on the risk posed by particular individuals rather than groups, there are some individuals who are homosexual whose blood would pose a less of a risk than the blood of some heterosexuals who are permitted to donate.
‘However…the donor deferral policy must, as a matter of practicality, work on the basis of addressing broad categories of the population.’
Mr Cain said that while he was disappointed in the decision, the campaign had made a step in the right direction.
‘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.
‘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.
‘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.’
Mr Cain says he will continue to campaign for change this year, as 2009 is the Year of The Blood Donor and urges people to show their support by joining the Facebook group called Gay Blood Donation.
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