We Lost This One

I think we lost this case because of the stigma that is attached to trans people. That this is all about sexual gratitude not about our identity.

Transgender Woman Loses Anti-Discrimination Case Against Blood Bank
A jury found there was a business interest in CSL Plasma turning away Lisa Scott.
BuzzFeed
By Dominic Holden
March 18, 2016

A federal jury in Minnesota has ruled against a transgender woman in a leading case over discrimination at a blood bank.

Although the jurors agreed that CSL Plasma turned away Lisa Scott because she is transgender, they also believed the company had a legitimate business reason to do so.

“CSL Plasma is pleased with the court’s favorable decision,” Robert Mitchell, the director of marketing for CSL Plasma’s U.S. operations, told BuzzFeed News on Friday.

The jury’s March 9 verdict does not set a legal precedent like a judge’s opinion would, but the decision raises questions about the viability of similar claims of discrimination at blood banks, including a lawsuit by another transgender woman against the same plasma company in Washington State.

The FDA and blood banks see us as “Men having Sex with Men” (MSM) they that a very archaic view of trans people, to them we are all drag queens.

CSL’s Mitchell explained by email on Friday, “Our position is always to follow the guidance provided by regulators such as the Food and Drug Administration and other government agencies to ensure the safety of the plasma we collect.”

But Klassen contended that here is no such federal policy banning transgender people from donating blood. He stood by the lawsuit’s allegation that CSL Plasma violated a Minnesota state law that prohibits businesses open to the public from discriminating against transgender people.

The FDA has lessened their restriction on blood donations, the FDA on their website “FAQ” for blood donations says,

How do the recommendations apply to transgender individuals?
The FDA’s recommendation to blood establishments is that in the context of the donor history questionnaire, male or female gender should be self-identified and self-reported for the purpose of blood donation.

And…

What are the current recommendations for donor referral?
FDA recommends that blood establishments defer potential donors as follows:

1. Defer indefinitely an individual who has ever had a positive test for HIV.
2. Defer indefinitely an individual who has ever exchanged sex for money or drugs.
3. Defer indefinitely an individual who has ever engaged in injection drug use that was not prescribed.
4. Defer for 12 months from the most recent contact any individual who has a history of sex with a person who: has ever had a positive test for HIV, ever exchanged sex for money or drugs, or ever engaged in non-prescription injection drug use.
5. Defer for 12 months from the most recent transfusion any individual who has a history of receiving a transfusion of Whole Blood or blood components donated by another person (allogeneic transfusion).
6. Defer for 12 months from the most recent exposure any individual who has a history of through-the-skin contact with the blood of another individual, such as a needle stick or blood contact with an open wound or mucous membrane.
7. Defer for 12 months from the most recent tattoo, ear or body piercing. However, individuals who have undergone tattooing within 12 months of donation are eligible to donate if the tattoo was applied by a state regulated entity with sterile needles and non-reused ink. Individuals who have undergone ear or body piercing within 12 months of donation are eligible to donate if the piercing was done using single-use equipment.
8. Defer for 12 months after completion of treatment any individual with a history of syphilis or gonorrhea or with a history of diagnosis or treatment for syphilis or gonorrhea in the past 12 months.
9. Defer for 12 months from the most recent contact a man who has had sex with another man during the past 12 months.
10. Defer for 12 months from the most recent contact a female who has had sex during the past 12 months with a man who has had sex with another man in the past 12 months.

So in other words we have to be celibate in order to give blood, and notice their guidelines says nothing if you are married, only “Defer for 12 months from the most recent contact a man who has had sex with another man during the past 12 months.” nothing about is that man is your partner.

They should base their guideline o behavior, a woman or a man who sleeps around if more of a risk that a trans person or gay person who doesn't sleep around.