4 ways to protest the blood ban on queer men and still fill a dire need

Donating blood is universal good, but not a universal right — and there's a lot of debate about whether it should be.

Sunday morning marked the deadliest mass shooting in modern U.S. history, with at least 49 people killed and another 53 wounded at an LGBTQ nightclub in Orlando, Florida. In the aftermath of the massacre, officials appealed to the public for blood donations to fill a dire need.

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But advocates on social media and beyond were quick to point out that many queer friends, partners and peers of those injured in the shooting could not donate blood. This is due to controversial, longstanding restrictions on giving, directed at men who have sex with men.

Men who have sex with men face a federally mandated ban on blood donation unless they abstain from same-sex sexual contact for one year. This caveat to blood donation is known as the MSM ban — or the men who have sex with men blood ban — within the queer community.

Below, we explain what this policy means, and ways to navigate it responsibly in order to spread awareness and keep up the blood supply.

Why this is important

On the surface, the policy may seem like an improvement from where federal regulations once were. The blood ban, first instituted in 1983 during the height of the AIDS crisis, previously placed a lifetime ban on any man who had sex with a man since 1977. Though the blood ban was modified in late December 2015, it still exists in a way that effectively prevents most men who have sex with men from donating due to the stipulation of abstinence.

Anthony Hayes, vice president of public affairs and policy at Gay Men’s Health Crisis, tells Mashable the shift to a one-year deferral is simply a repackaging of the lifetime ban, not a lessening or lifting. As it stands, the ban will still last a lifetime for many men who have sex with men — even, for example, for an HIV-negative man who is in a monogamous marriage with another HIV-negative man.

"It's the same lifetime ban, just dressed differently," Hayes says.

Michael Kaplan, CEO of AIDS United, argues that the way the current ban is packaged furthers the stigma around same-sex sexuality — and panic around HIV and AIDS. He says even the one-year ban has a harmful focus when it comes to assessing what, or who, is a potential threat to the safety of the blood supply.

"The current ban encourages people to think of sexuality as a risk, not risky behavior," Kaplan tells Mashable.

According to the Red Cross, current methods of testing the blood supply for HIV can detect the virus four to seven days after infection, with current testing methods leaving the risk of HIV infection from a blood transfusion at 1 in 1,467,000.

Even with those statistics, the Red Cross tells Mashable, the organization supports the one-year deferral for men who have sex with men.

"There is insufficient scientific data available to determine whether it's safe to rely only on individual behavioral risk factors when determining donation eligibility," says Kara Lusk Dudley, public affairs manager at the Red Cross. "Medically supported donor deferral criteria are critical to the continued safety of blood transfusion."

The FDA, speaking directly in response to Orlando's mass shooting, echoed the Red Cross, stating the administration is constantly reevaluating its policies to be up-to-date with the most recent scientific evidence.

"At this time there is an adequate supply of blood to meet the need, and the scientific evidence is not available to support an alternative to the current deferral policy," FDA press officer Tara Goodwin told Mashable. "We empathize with those who might wish to donate, but reiterate that at this time no one who needs blood is doing without it. That being said, the FDA is committed to continuing to reevaluate its blood donor deferral policies as new scientific information becomes available."

Goodwin added that a safety monitoring system for the blood supply has been implemented nationally to help inform future actions the FDA may take on blood donor policies: "Moving forward, the FDA will continue to reevaluate and update its blood donor deferral policies as new scientific information becomes available."

But many advocates in the queer community argue the ban is outdated, and that those who claim the ban is backed by sound science are simply untrue. As an alternative, they're calling for a focus on behavior and individual risk for all, rather than a focus on sexual orientation.

Hayes says a 30-day deferral window for all at-risk populations, such as injection drug users — not just men who have sex with men — would be a better policy, and one that focuses on science instead of discrimination.

"The goal is to keep the blood supply safe and not discriminate," Hayes says. "And you can do both of those things. They are not mutually exclusive."

What you can do

1. Ask someone to donate on your behalf — or donate to honor those who can't.

If you're banned from donating as a man who has sex with men, talk to those in your life about blood donation. Explain to them why you can't give, and why you wish you could.

Then, call them to action by asking if they would donate on your behalf. Not only does that allow more blood donations, but it also educates those closest to you about a policy many aren't aware of.

If you're able to donate yourself, consider honoring those who can't through donation — and be vocal to blood donation organizers about why you're donating.

Hayes says this donation tactic helps organizers see how many people are willing to donate who simply can't due to regulations, encouraging organizers to engage in advocacy for policy change. After all, he says, a shift in policy would make their drives more successful.

"With this tactic, organizers would probably take a more active role by saying to the national organizations they are representing, 'Listen, we turned away a number of people that were willing to donate because they are gay,'" Hayes says.

2. Volunteer at a blood drive — while also spreading awareness of the ban.

Blood drives often look for volunteers to staff their donation events, serving to check in participants and watch over participants after donation. Donating your time, especially when you can't donate your blood, is one of the main ways you can give back in a big way.

To help spread awareness and start conversations of the ban, Hayes recommends asking organizers if you can wear a tag that says, "Ask me why I can't donate." From there, you can casually spread awareness during the event.

"This is really about grassroots organizing that requires everyone who is bothered by it to speak up," Hayes says.

When having those conversations about why you can't donate, Kaplan recommends being open about the tricky balance between being appalled by the ban but still wanting others who aren't banned to donate.

Make sure those you approach know that by talking about the ban at a blood donation event, you aren't trying to discourage participants from donating. Instead, you're advocating for even more donations in the future.

3. Know who has the ability to change the policy.

When you're advocating for change, it’s important to know who has the power to make that change happen. Although many blood donation organizations support the current one-year deferral on men who have sex with men, they ultimately do not hold the power to change the policy.

"American Red Cross and all blood collectors in the U.S. are required to follow the rules and guidance issued by the FDA, including blood donation eligibility," Lusk Dudley says.

Though being vocal at blood drive events can help drive awareness, change will only happen if the FDA deems it safe. Kaplan says the best thing someone can do is weigh in at the FDA level, stating their disappointment in the ban and advocating for individual risk assessment over sexuality-based restrictions.

To contact the FDA, you can find non-emergency lines and mailing addresses here.

4. Support organizations working to change the blood ban.

Though many major blood donation organizations, including the American Red Cross, America’s Blood Centers and American Association of Blood Banks (AABB), support the current one-year ban, it's often necessary to still support them to adequately fill the need for blood. These organizations, after all, are major sources of the blood supply in the U.S.

To balance the need to support these organizations with your displeasure with the ban, seek out organizations that are working to advocate for the ban’s repeal in favor of other alternatives.

Gay Men’s Health Crisis, Kaplan says, has been at the forefront of advocacy for years, providing comprehensive alternatives to the ban. Unfortunately, he says, the organization is one of the only national organizations making it a priority to repeal the policy.

Many HIV and AIDS awareness organizations, however, are working to decrease stigma around same-sex sexuality and the virus, which is essential to thinking critically of the ban. Organizations like AIDS United and research efforts like The Williams Institute are some of the biggest names working to shift the dialogue.

Another option? Before giving to your favorite LGBTQ advocacy organization, ask what its stance is — and see if you want to support it.

"There are people out there who are ready, willing, able and healthy in terms of their HIV status or any other blood diseases who want to donate," Hayes says. “But they can’t because the federal government is still discriminating. That needs to change."

Editor's note: The death toll has been updated to 49, to exclude the shooter, per the FBI on Monday. The story has also been updated to include comment from the FDA.