Canada Keeps Gay Blood Ban

The Ontario superior court Thursday upheld Canada's ban on gay male blood donors, prompting anger and frustration among the nation's gay rights groups.

Judge Catherine Aitken ruled that Canadian law does not grant everyone the right to give blood and said safety considerations trump human rights. The case was spurred by a gay man, Kyle Freeman, who gave blood several times between 1990 and 2002 and allegedly lied about his sexual history; when authorities discovered the truth, they sued Freeman.

Arguing that the blood policy was not scientifically justified and violated his rights, Freeman countersued. But Aitken threw out his case and found Freeman liable for $10,000 because of "negligent misrepresentation."

Monique Doolittle-Romas, the executive director of the Canadian AIDS Society, told CTV.ca it's "disturbing" that the court presented the case as a "contest" between safety and gay rights.

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