I'm scheduled to give blood tomorrow, and I realized tonight that the last time I gave blood was before I started taking medication. I remembered a long list of medical questions you have to answer to give blood, and was worried that my current medication might prevent me from donating. So, rather than risk hauling myself all the way to the donor station on the Upper East Side only to find I was inelligible, I found the criteria for blood donors.
It looks like I'm fine; my medication doesn't show up on the warning list. But I'm curious about some of the other contra-indications. There's a 12 month ban on donations for getting a tattoo? No one who's spent more than 5 years total in Europe can give blood ever (that is, if you add up all the days of your life spent in Europe, and it's greater than 5 years, you can never give blood again)?
What's really disturbing to me is Question 37, the Ban on Gay Blood Donations. If you are a male and have ever had sex with a man, even if it's only once, since 1977, you're permanently banned from blood donation. If you're a woman and have sex with a man who has ever had sex with another man, you're banned for 12 months. Even if you get an HIV screening, your blood is still verboten.
Now, I understand the thinking that went into this, particularly given that it was likely implemented 20 years ago or more; obviously they don't want any AIDS or HIV positive blood in their blood supply, ever, and it's better to turn healthy blood away than to accept unhealthy blood. Still, though, it seems like you ought to be able to get an exemption if you have a recent screening.
What's more worrisome, though, is the exemption for Question 37. You're allowed to give blood if you are a male who was raped by a man, provided the incident was more than 12 months before the donation. This seems odd; one would think the sort of men who go around raping other men are the sort who would be more likely than average to be carrying HIV or AIDS.
I'm disturbed by the line of reasoning that's used to justify this, which I think goes like this: People who are gay are at a higher risk of carrying HIV/AIDS. This risk is high enough that it's worth excluding the entire class of people who are gay. How do we determine who is gay and who is not? Gay men have sex with men, and we want to have a strict criterion. So if you've ever had sex, even once, with a man, you are officially gay and therefore cannot give blood. However, this is imprecise; we want to exclude gay people, in the sense of people who live the promiscuous gay lifestyle which increases the likelihood of carrying HIV/AIDS. But some people, namely rape victims, have had sex with a man but are not adherants of the gay lifestyle. Therefore, we will give an exemption for men who have been raped by other men, because they are not truly gay.
So the criterion is "have you ever willfully had sex with another man?" But what they want to exclude isn't really gay people; it's promiscuous people. Gay is a cipher for promiscuous, but it's not universally applicable. There are many non-promiscuous gay people, just as there are many promiscuous straight people. Under their criteria, if you've had sex with a man, just once, against you're will, you're fine. If you had sex with a man, just once, willfully, you're banned for life. And, of course, there's the fact that they've gone through the trouble of creating a rape exemption but haven't bothered with something practical like a screening exemption.
Of course, this all assumes they're acting in good faith. There could be a heavy element of prejudice and stigmatization involved, which would help explain the rape exemption. Gay people can't give blood because they are, in some sense, bad: They willfully engage in a wrong act, sex with other men, so we don't want their blood. But rape victims really didn't have a choice in the matter. They committed a bad act, but it was against their will. So we excuse them and allow them to give blood after 12 months.
Or maybe I've just been reading too much Criminal Law and am using a crime and punishment lens when it's inappropriate. Still, this question seems like it could use some refinement, if not a complete overhaul or removal.