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Quigley, House Members and LGBT Allies Push FDA to End Discriminatory Blood Ban on Gay and Bisexual Men

June 14, 2016

WASHINGTON – Today, U.S. Representatives Mike Quigley (IL-05), Vice-Chair of the Congressional LGBT Equality Caucus, Barbara Lee (CA-13), Jared Polis (CO-02), Debbie Wasserman Schultz (FL-23), Diana DeGette (CO-01), Xavier Becerra (CA-34), and Sean Patrick Maloney (NY-18), along with David Stacy, Government Affairs Director at Human Rights Campaign (HRC), called on the Food and Drug Administration (FDA) Commissioner Robert M. Califf to end the discriminatory blood donation deferral policy for men who have sex with men (MSM) once and for all. The current policy for MSM requires a 12-month deferral, or celibacy, period before being able to donate blood.

“During times of tragedy, the American people are quick to demonstrate their resiliency and mobilize in solidarity with victims and the affected community. We witnessed that compassion as Floridians quickly lined up to donate blood,” said Rep. Mike Quigley (IL-05). “Given the target, nature and timing of this tragic attack, the LGBT community is especially eager to contribute to the response effort. Yet, due to the FDA’s deferral policy for gay and bisexual men, many healthy potential blood donors are prohibited from donating. The cruel irony of this deferral policy is personified by this particular terrorist attack, where the victims were targeted for being members of the LGBT community and the gay and bisexual men who wanted to donate blood for those in need were banned from doing so. So today, I am proud to stand alongside my colleagues, on World Blood Donor Day, in opposition to the FDA’s current misguided blood donation policy, and call on Commissioner Califf to change the policy to be based on the risk of transfusion-transmissible infections, and not on sexual orientation.”

“In the wake of the attack on the Orlando LGBT community, healthy blood donors were turned away just because of their sexual orientation. Simply put, the FDA blood deferral ban is an insult to our LGBT brothers and sisters,” said Rep. Barbara Lee (CA-13). “This policy is based in fear and stigma, not science. It’s past time for the FDA to end this discriminatory blood ban once and for all.”

“It’s past time for the FDA to allow gay and bisexual men to donate blood,” said Rep. Jared Polis (CO-02). “Our blood donation policies shouldn’t discriminate based on the sexual orientation of the donors. The changes made in December were merely cosmetic, and I along with the rest of my colleagues are writing this letter urging the FDA to overturn the policy. I remain confident that appropriate changes will be made rapidly.”

“In the wake of the worst mass shooting in U.S. history and the worst attack ever on the LGBT community, thousands of gay men rushed to blood donation centers to support the victims in Orlando – and far too many of them were turned away due to the FDA’s outdated and discriminatory blood ban policy. While we have made incredible progress on issues important to the LGBT community, we still have too many rights not won, and too many inequalities that must be corrected. In the wake of Orlando, we must end this discriminatory ban,” said Rep. Debbie Wasserman Schultz (FL-23).

“It is shameful that members of the LGBT community are unable to provide this crucial service to their brothers and sisters in Orlando because of outdated and discriminatory policies,” said Rep. Diana DeGette (CO-01). “After the tragic shootings in Columbine and Aurora, thousands of Coloradans donated blood to help heal the victims and provide their own emotional healing through this selfless act. Gay and bisexual men should have the same opportunity. I urge the FDA to change their policies because we can only achieve full equality when we remove every trace of institutionalized homophobia.”

“The LGBTQ community is part of our American family. They are our friends and neighbors, and all contribute to this great nation. The tragedy in Orlando highlights the need to end the discriminatory and outdated blood donation policy for gay and bisexual men. Because of the FDA’s one-year deferral policy, hundreds of potential donors are being turned away based solely on their sexual orientation,” said Rep. Alcee L. Hastings (FL-20). “We have the technological capabilities to screen blood donations to ensure they are safe for use, regardless of one’s sexual orientation. It’s time this policy was changed to ensure all suitable donors can give blood and save lives.”

“Science should be the basis for our policy, not sexual orientation. The restrictions are remnants of the past and they don’t belong in the 21st Century. Let’s not let a 20th Century mindset drive our 21st Century policy -- that’s not the America I want for my three daughters," said House Democratic Caucus Chairman Xavier Becerra (CA-34).

“After the devastating attack in Orlando, which took the lives of 49 LGBT Americans and their allies, thousands of people lined up to donate blood to the dozens still fighting for their lives in the hospital. This heartwarming display of support and common humanity was quickly shattered as many gay men were turned away from donating blood to their partners, friends and loved ones because of an bigoted, backward and unscientific regulation which prohibits gay men from donating blood to save lives,” said Rep. Sean Patrick Maloney (NY-18). “After being targets of such extreme violence, our LGBT community simply wants to do our part to help the survivors – we should not be banned from helping our fellow Americans because of outdated federal regulations – gay blood is American blood.”

"While the sight of thousands of my fellow Floridians lining up for hours to donate blood following this horrifying attack moves us beyond words, it is unconscionable that gay men are prohibited from doing so due to a bigoted federal regulation," said Rep. Patrick Murphy (FL-18). "It is beyond time for the FDA to lift this discriminatory ban. It should not be harder for a gay man to donate blood to his friends in the hospital than it is for a terrorist to buy the guns that put them there."

"The policy in place today continues to prevent men from donating life-saving blood based solely on their sexual orientation rather than actual risk to the blood supply," said David Stacy, Government Affairs Director for Human Rights Campaign (HRC). "In light of current scientific research and updated blood screening technology, the current policy falls short and continues to stigmatize gay and bisexual men. When tragic events like the attack in Orlando occur, it underscores the harms of this policy."

“The need for blood is constant. In light of the tragic massacre in Orlando, we are reminded of that need. Unfortunately, we find ourselves in a situation where the victims directly affected by this tragedy and in need of lifesaving blood are the very people banned from donating it. The 12-month deferral is the result of an overabundance of government bureaucracy and caution, not science,” said the National Gay Blood Drive. “There are other high-risk groups who are not subject to this deferral or anything similar. The National Gay Blood Drive would like to see a more specific set of questions regarding sexual behavior, as well as a shorter deferral period that reflects current testing, equally applied to anyone posing a risk to the nation’s blood supply.”

The previous lifetime ban on MSM donating blood was put in place during the rise of the AIDS epidemic in the 1980’s, but was no longer scientifically justified with current blood screening technology. In 2010, the HHS Advisory Committee on Blood & Tissue Safety & Availability (ACBTSA) found the ban to be suboptimal and asked for re-evaluation of this policy. In response to a letter from legislators in 2013, HHS indicated that the Department would finish deliberations on a policy change to the blood ban by the end of 2014. In December of 2015, the FDA officially changed the blood donation policy for men who have sex with men from a lifetime ban to a 12-month deferral.