The American Red
Cross can continue holding blood drives at the
University of Vermont despite a complaint that a ban on
sexually active gay men giving blood violates the
school's nondiscrimination policy, campus officials
have ruled.
"Donating blood is an individual choice and
action--not rising to the definition of
protected activity in the case of discrimination or equal
protection," Michael Gower, the university's vice president
for administration, wrote in a January 17 letter
detailing the school's position.
Kathryn Friedman, head of the school's
affirmative action office, had recommended that the
university curtail Red Cross blood drives. That came
after a complaint by a former student that the school
condoned discrimination against gay men by allowing
the Red Cross on campus.
The debate parallels a similar move by some
campuses, including Vermont Law School, to ban
military recruiters because of complaints that the
military's "don't ask, don't tell" policy, which requires
gay service members to keep their sexual orientation
secret, is discriminatory.
Congress passed a law allowing the federal
government to deny funding to campuses that bar
recruiters; arguments on whether that law is
constitutional were heard by the U.S. Supreme Court in early December.
National Red Cross officials have said that the
Food and Drug Administration won't allow it to accept
blood from sexually active gay men for fear it could
be tainted with HIV. The FDA last considered whether
to revise its policy in 2000, when a panel of FDA
specialists voted 7-6 to maintain the ban.
Gower said in his letter that banning the campus
blood drives would not serve the public. "Given the
chronic insufficiency of the blood supply locally...to
cut off a regular and reliable 'supply' from our
students would be an unacceptable position for the
university to take," he wrote. "I see the need to take
steps to encourage more donations, not impose
additional barriers." (AP)