EU Sets Out Restrictions on Laws Banning Gay Men from Donating Blood
French ban may be justified if no other screening techniques to protect recipients are available

BRUSSELS—Gay or bisexual men can be banned from donating blood, but only if there are no less onerous ways to protect the health of recipients, the European Union’s highest court ruled Wednesday.

The case at the European Court of Justice concerned France’s lifetime ban on blood donations by men who have had sex with other men. Similar legislation also exists in other EU countries, albeit many states are moving to loosen their restrictions

The ECJ said that scientific evidence that gay men are indeed at a higher risk of carrying serious infectious diseases, such as HIV, can justify a ban in national legislation. In its assessment of the case, it pointed to data submitted to the court showing that the rate of infection with HIV among gay men in France was 200 times greater than that of the heterosexual population between 2003 and 2008. It also added that France had the highest rate of HIV infections among gay men of any country in Europe and Central Asia.

However, the ECJ also said the French court that will ultimately have to rule on the French legislation had to check whether there were better—and more proportional—ways of protecting the recipients of donated blood from infection.

“The tribunal administrative de Strasbourg will have to ascertain whether there are less onerous methods of ensuring a high level of health protection for recipients other than permanent deferral from blood donation,” the ECJ said.

“The principle of proportionality might not be respected,” it said.

More > http://www.wsj.com/articles/eus-top-...ood-1430296775

I can't believe things like this are happening still right now ... it's totally disgusting

The title is dramatic, especially since gay men are universally banned from donating blood in the U.S. No if, and, or buts.

it only says it's gona be banned in france tho?

anyways I dont really care, I've never donated blood, and never will. unless someone in my family needs it.

I donate blood and plasma all the time. I just lie and say I'm straight.

You can't donate in the UK if you've had sex with a man in the last 12 months, which is a shame as I'd like too. My mother would have died when I was 5 if not for donated blood. I'm not about to lie on a form and break the law, though. If the health service needs my tainted blood that bad they can change the laws.

I don't understand why it's an issue. They screen all blood donated anyway, don't they? Or is it because of the window period of HIV anitbodies taking to 'show up' in blood?

Gays are already banned from donating blood in Germany. Which doesn't make any sense tbh. You just could lie that you are straight. Like, I donated last summer.

right? how do they even make sure a person is gay?? do they stalk these people to their homes to see what they do behind closed doors?

CUZ BABY NOW WE GOT

BAD BLOOD

From banning the burka to refusing any man who's ever had sex with another to donate blood, what do they have against minorities?

That has nothing to do with religious beliefs and you know it. Don't even try to twist it.

How can they tell you're gay though? I mean like short of jazz handing ur way in there I've always been confused abt how they could know

France is fairly backwards lets not lump the EU in with them in an attempt to have a hit thread, change that title boo.

It's a ruling from EU's highest court, thus it allows all EU countries the right to ban gay men from donating blood. Plenty of EU countries other than France have such a ban in place, currently.

Qwerty's right. MANY have limits. The court ruling is basically telling the others, too bad we'll deny you too if you come to us.

Pink: Gays can give blood no problem
Red: 1 year deferral from last time having sex
Dark red: Not allowed to give blood at all

we gays are the jews of the 21st century

if you can potentially save another person's life and you are well fit to donate then i dont get this rulings. If someone needed an asap blood transfusion from a rare blood type and the only donor available in the proximity is gay will there be any exceptions or are they willing to let that victim lose his/her life because of this blatant homophobia.

They won't want our blood until they need it

I'm fine tho, I hate veins so I'll keep the needles away and my blood to myself

Considering 10% of gay men in urban areas have HIV....

I just hope they're as strict with other groups too. Like, in Canada natives have a high percentage of HIV infections too but you'd never see them banning them from donating blood.