This is an extract from a statement by Michael Cain to the Tasmanian Anti-discrimination Commission regarding the refusal of the Red Cross to allow him to donate blood because he is a sexually active gay man. It was lodged as part of Michael's formal complaint about the ban on August 2nd, 2005.
 
What happened to you that you believe is discrimination.

I saw that the Red Cross were low on supplies of blood and I wanted to do my part to help. I noticed that they had a ‘Donate with a Mate’ program on, so I asked my housemate if he would also like to donate. My housemate and I went in to the Launceston Red Cross Blood Donor office. We then found out that we cannot just walk in and donate, but have to make an appointment. We made an appointment for the 25th of October 2004. On the 25th we turned up and were offered a fruit juice, given a questionnaire to fill out and a soft toy. I believe the soft toy was an incentive offered by the Red Cross to get people to donate, however it was not the reason my flatmate and I wanted to donate blood.

After filling almost all of the form in, I came to a few questions at the end and one in particular ‘Have you engaged in male-to-male sex in the last 12 months. At this point I felt that I was being personally violated in a way. I couldn’t believe that they were asking about sex let alone singling out male-to-male sex when people could easily lie anyway. I answered truthfully. We both handed our forms back and finished our drinks. Shortly afterwards, my housemate was taken away to have his blood taken, and I was asked to accompany a nurse into an empty office. I noticed that she was carrying my questionnaire in her hand and I got a little nervous and self-conscious. She sat me down and said she needed to ask me some questions about my form. I had ticked something in regards to my heart and she asked me about that. I gave my explanation and we got that all sorted out and she said that she was happy with that explanation. Upon reflection this annoyed me, because she would have known that she was not going to take my blood anyway. The nurse then informed me that she was unable to take my blood due to the fact that I was gay. While I cannot completely recall if she said this directly, I do remember repeating it slowly due to my astonishment. I said, "Do you mean to tell me that I cannot donate blood because I am gay and she replied "Yes."

I asked her to tell me in more detail why it was that gay people and in particular- gay men could not donate blood. She was hesitant to answer, so I asked if it was in relation to anal sex and she agreed with me. I was informed that gay men have a higher risk of carrying contaminated blood due to unsafe sexual practices. During this conversation the nurse referred to myself and other gay men as "You People". Growing increasingly frustrated and concerned that any more questioning of this policy would only upset me further I thanked her for her time and left the office. I sat in the waiting room for about 30 minutes until my housemate had finished donating. During this time I felt very hurt, dirty and alone.

Later that night and the next day, I was upset. No one has ever made me feel that way before the 25th or again since. On the 27th I thought that I would write a letter to the Blood Donor office. I contacted the same office I had tried to donate at and asked them who I could write to if I had questions relating to gay people and their inability to donate.

I was given the information and wrote a letter. Almost a year later, I am still awaiting the response to my letter.

What is it about what happened that makes you think you have been discriminated against.

It was humiliating to be referred to as "You People". It was also very dismissive. I did not like it that I was being labelled diseased. Nor did I like it that I was being told that I practice unsafe sexual practices. In fact I resent both insinuations. All I want is to be treated like everyone else. I do not have HIV/AIDS.I was turned away, with no opportunity to have my blood tested. This test would have proved that I do not have HIV/AIDS. It is hypocritical to allow so-called heterosexual people the opportunity to fill-out the questionnaire and then require them to have their blood tested anyway! If all blood is tested, there is no reason why I too should not be given the opportunity to prove that I have healthy blood. I resent the fact that I am not allowed to help people in need.

What would you like to happen to sort out this complaint.

I would like the Australian Red Cross Blood Service and indeed the entire Federation of Red Cross/Red Crescent societies to change their blood donation policy so that everyone is treated as an individual, with particularised medical histories and therefore deserving of being assessed on an individual basis. On the 25th of October 2004 I was not given the opportunity to explain that I am in a monogamous relationship. Nor was there any option to have my blood tested which would have established that I have healthy blood. Ultimately, I believe that if everyone is assessed on an individualised basis with recognition being accorded to the fact that some people lie and that therefore testing is required of everyone, then there is no reason why gay men should not be allowed to donate blood.

If the discrimination is removed, I would also like to see the Australian Red Cross Blood Service initiate a public awareness campaign of the amendments made to its Guidelines. This initiative will in turn increase the numbers of donors, an outcome that is both beneficial to those that require the blood and to the objectives of the Red Cross.

Michael Cain's statement about being deferred from blood donation.
Because HIV is transmitted by unsafe sex not gay sex, blood donors should be
screened for the safety of their sexual activity, not the gender of their sexual partner.
Australian gay blood donation litigant, Michael Cain.