Canadian Blood Services has the right to ask would-be male donors if they have engaged in homosexual acts
Ontario Superior Court Justice Catherine Aitken rejected a gay man's argument that the question is discriminatory and violated his rights, the Ottawa Citizen reported. Aitken upheld the blood services' claim that Kyle Freeman engaged in negligent representation for lying about his sexual history.
A questionnaire blood donors must fill out asks men if they have engaged in any same-sex acts since 1977.
Aitken said she realizes being unable to donate blood can make homosexuals feel marginalized.
"These are significant ramifications on the quality of life. That impact, however, is not in the same league as a blood recipient who has to use blood or blood products in order to survive or make life livable, and who is asked to accept lower safety standards even though an adequate supply of blood could be provided if higher safety standards were imposed," the judge wrote.
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