Removing Gay Blood Ban Would Help Save Lives, Lawyer Says

Removing Gay Blood Ban Would Help Save Lives, Lawyer Says

HOBART, November 7 – 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.

The Anti-Discrimination Tribunal in Hobart has heard closing submissions in the case of Launceston man Michael Cain who was refused the opportunity to give blood in 2004 because he indicated he was in a same-sex relationship.

Mr Cain’s lawyer, Peter Tree SC, told the Tribunal that there are gay men who have a much lower risk of HIV than many heterosexuals and that the blood from these men could save lives if it was accepted.

Mr Tree also accused the Red Cross of exaggerating the HIV risk associated with gay sex to “extreme” levels.

“The Red Cross has assisted in perpetuating the stereotype that gay sex is risky and unhealthy,” he said.

Mr Tree went on to say that the Red Cross has known since 2001 that there is no medical evidence to support a ban on men engaging in a range of sexual activities with other men, including oral sex.

“This alone should compel the Tribunal to find that the Red Cross policy is unjustifiable.”

Today, lawyer for the Red Cross Blood Service, Jeremy Ruskin SC, also began his closing submission.

Addressing Mr Tree’s claim that blood donation is an altruistic act from which gay men should not be excluded, Mr Ruskin told the tribunal that it is more altruistic not to give blood when there are such risks associated with all gay sex.

Closing submissions are expected to conclude on Monday November 17.

SEE ALSO

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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)

SOURCE:
http://ukgaynews.org.uk/Archive/08/Nov/0701.htm