Gay rights groups and some lawmakers are pleased the Food and Drug Administration is lifting a decades-old ban on gay and bisexual men donating blood, but aren’t happy at all with a key condition that must be met before those donations are accepted.
At issue is a provision in the FDA’s decision announced Monday that says gay men must be abstinent for one year before donating blood.
“It’s bittersweet,” said Ryan Yasek, an activist who first sought a meeting with the agency back in 2012 on the issue. “Many gay and bisexual men will be eligible to donate their blood and help save lives under this 12 month deferral, however countless more will continue to be banned solely on the basis of their sexual orientation and without medical or scientific reasoning.”
The agency’s decision, first proposed earlier this year, reverses a policy first set up about 30 years ago at the height of the AIDS epidemic. The FDA said in a release Monday that the decision was made based on sound science and reflects the most recent scientific evidence.
However, activists say the 12-month abstinence deferral is still very discriminatory because it stigmatizes gay and bisexual men.
The gay rights group Human Rights Campaign called the new policy a “step in the right direction,” but it still falls “far short of a fully acceptable solution because it continues to stigmatize gay and bisexual men,” according to a statement.
The group said the deferral cannot be justified in light of current research and updated blood-screening tools. Several lawmakers also felt the new policy didn’t go far enough.
“I will continue to push the administration to move forward to achieve our ultimate goal of blood donation policies that are based on individual risk factors,” said Sen. Tammy Baldwin, D-Wis., a leading advocate for the effort. She said she wants a policy that doesn’t “unfairly single out one group of individuals.”
Rep. Barbara Lee, D-Calif., tweeted that “science must govern policies, not fear” in calling for a better policy.
Pleased @US_FDA lifted lifetime blood donation ban for MSM but I remain disappointed in 1 yr ban – science must govern policies, not fear
— Rep. Barbara Lee (@RepBarbaraLee) December 21, 2015
The FDA said in a release that the 12-month period aligns with the deferral period for other men and women at increased risk of HIV infection, including those who had a recent blood transfusion or accidentally exposed to the blood of another individual.
“In reviewing our policies to help reduce the risk of HIV transmission through blood products, we rigorously examined several alternative options, including individual risk assessment,” said Peter Marks, deputy director of the FDA’s Center for Biologics Evaluation and Research. “Ultimately, the 12-month deferral window is supported by the best available scientific evidence, at this point in time, relevant to the U.S. population.”
The agency added that other countries, such as the United Kingdom and Australia, have similar deferral periods for gay men. It did not return a request for comment as of press time.
Yasek’s advocacy group, National Gay Blood Drive, is pushing for the agency to move towards a deferral based on an individual risk assessment.
He told the Washington Examiner that he was pleased gay and bisexual men can donate for the first time in more than 30 years, and not feel they have to lie on their donor history questionnaire.
“However, countless more will continue to be banned solely on the basis of their sexual orientation,” he added.


