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HHS to study lifting ban on gay blood donors

Four areas of concern cited

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Sen. John Kerry (photo courtesy of kerry.senate.gov)

The Department of Health & Human Services has identified four areas of study to pursue before the regulatory ban on gay men donating blood can be lifted.

In a question-and-answer document requested by Sen. John Kerry (D-Mass.) and Rep. Mike Quigley (D-Ill.) made public Tuesday, the department outlined steps that the Blood, Organ, and Tissue Safety Working Group have identified as necessary before gay and bisexual man are allowed to donate blood.

Proposed studies are aimed to address the following four issues:

* how the risk of blood transmissible diseases in the current donor population relate to risk factors in donors;

* the root cause of Quarantine Release Errors, or the accidental release of blood not cleared for use;

* if potential donors correctly understand the current questionnaire and if men who have sex with men would comply with modified deferral criteria; and

* if alternative screening strategy, such as pre- and post-qualifying donation infectious disease testing, for men who have sex with men would assure blood safety while enabling collection of data that could demonstrate safe blood collection.

Under current regulation, men who have had sex with other men since 1977 — even once — aren’t eligible to donate blood.

Last year, the Advisory Committee on Blood Safety & Availability for HHS voted to recommend that the ban not be changed and cited insufficient scientific data to support revision to the policy. However, the committee also recommended additional research to support a policy allowing low-risk gay and bisexual men to donate blood.

The Q&A prepared by HHS asserts that the department is evaluating these four concerns. To determine the relationship between the risk of transmitting blood diseases with risk factors in donors, HHS has this year instituted a study of baseline data. To determine potential errors in release of blood not cleared for use, HHS plans to hold a public workshop with blood establishments and stakeholders later this year.

“The Department’s Blood, Organ, Tissue Senior Executive Council is currently assessing how the above mentioned studies can be supported with limited resources to include long term monitoring through a national hemovigilance program (monitoring or surveillance of the blood supply and blood recipients),” the document states.

Asked whether HHS officials foresee an end to the gay donor ban, HHS doesn’t explicitly say whether the ban will come to end, but that the department is willing to revisit the issue after more information is gathered.

“The Department has worked to develop a plan that will yield scientific data that are currently needed to re-evaluate the policy based on the ACBSA,” HHS states. “When these studies are complete, the Department is committed to a full evidence-based evaluation of the policy. If the data indicate that a change is possible while protecting the blood supply, we will consider a change to the policy.”

In statements, Kerry and Quigley applauded HHS for taking additional steps to lift the ban on gay blood donors.

Kerry said he’s been “working on this a long time in a serious way” and is glad HHS “responded with concrete steps to finally remove this policy from the books.”

“HHS is doing their due-diligence and we plan to stay focused on the end game — a safe blood supply and an end to this discriminatory ban,” Kerry said.

Quigley said the announcement from HHS means “we’re moving in the direction of finally ending this antiquated and discriminatory policy.”

“Sen. Kerry and I will continue to push for a behavior-based screening process both in the name of fairness and a safer blood supply,” Quigley said.

LGBT advocates also praised HHS for taking steps toward allowing gay and bisexual men to donate blood.

Nathan Schaefer, director of public policy at the New York-based Gay Men’s Health Clinic, said he’s “pleased to see” the U.S. government take “critical steps to review outdated blood donation policies.”

“As this research agenda is pursued, GMHC will continue educating the public about the negative consequences of current blood donation policies, and advocating for revised policies that would allow low-risk gay men to donate blood and maintain the highest standard of blood safety,” Schaefer said.

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State Department

Rubio mum on Hungary’s Pride ban

Lawmakers on April 30 urged secretary of state to condemn anti-LGBTQ bill, constitutional amendment

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Secretary of State Marco Rubio during his confirmation hearing on Jan. 15, 2025. (Washington Blade photo by Michael Key)

More than 20 members of Congress have urged Secretary of State Marco Rubio to publicly condemn a Hungarian law that bans Pride events.

California Congressman Mark Takano, a Democrat who co-chairs the Congressional Equality Caucus, and U.S. Rep. Bill Keating (D-Mass.), who is the ranking member on the House Foreign Affairs Committee’s Europe Subcommittee, spearheaded the letter that lawmakers sent to Rubio on April 30.

Hungarian lawmakers in March passed a bill that bans Pride events and allow authorities to use facial recognition technology to identify those who participate in them. MPs last month amended the Hungarian constitution to ban public LGBTQ events.

“As a NATO ally which hosts U.S. service members, we expect the Hungarian government to abide by certain values which underpin the historic U.S.-Hungary bilateral relationship,” reads the letter. “Unfortunately, this new legislation and constitutional amendment disproportionately and arbitrarily target sexual and gender minorities.”

Prime Minister Viktor Orbán’s government over the last decade has moved to curtail LGBTQ and intersex rights in Hungary.

A law that bans legal recognition of transgender and intersex people took effect in 2020. Hungarian MPs that year also effectively banned same-sex couples from adopting children and defined marriage in the constitution as between a man and a woman.

An anti-LGBTQ propaganda law took effect in 2021. The European Commission sued Hungary, which is a member of the European Union, over it.

MPs in 2023 approved the “snitch on your gay neighbor” bill that would have allowed Hungarians to anonymously report same-sex couples who are raising children. The Budapest Metropolitan Government Office in 2023 fined Lira Konyv, the country’s second-largest bookstore chain, 12 million forints ($33,733.67), for selling copies of British author Alice Oseman’s “Heartstopper.”

Former U.S. Ambassador to Hungary David Pressman, who is gay, participated in the Budapest Pride march in 2024 and 2023. Pressman was also a vocal critic of Hungary’s anti-LGBTQ crackdown.

“Along with years of democratic backsliding in Hungary, it flies in the face of those values and the passage of this legislation deserves quick and decisive criticism and action in response by the Department of State,” reads the letter, referring to the Pride ban and constitutional amendment against public LGBTQ events. “Therefore, we strongly urge you to publicly condemn this legislation and constitutional change which targets the LGBTQ community and undermines the rights of Hungarians to freedom of expression and peaceful assembly.”

U.S. Reps. Pramila Jayapal (D-Wash.), Sarah McBride (D-Del.), Jim Costa (D-Calif.), James McGovern (D-Mass.), Gerry Connolly (D-Va.), Summer Lee (D-Pa.), Joaquin Castro (D-Texas), Julie Johnson (D-Texas), Ami Bera (D-Calif.), Mark Pocan (D-Wis.), Lloyd Doggett (D-Texas), Becca Balint (D-Vt.), Gabe Amo (D-R.I.), Ted Lieu (D-Calif.), Robert Garcia (D-Calif.), Dina Titus (D-Nev.), Raja Krishnamoorthi (D-Ill.), Jan Schakowsky (D-Ill.) and Mike Quigley (D-Ill.) and Del. Eleanor Holmes Norton (D-D.C.) signed the letter alongside Takano and Keating.

A State Department spokesperson on Wednesday declined to comment.

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Federal Government

HRC memo details threats to LGBTQ community in Trump budget

‘It’s a direct attack on LGBTQ+ lives’

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President Donald Trump (Washington Blade photo by Michael Key)

A memo issued Monday by the Human Rights Campaign details threats to LGBTQ people from the “skinny” budget proposal issued by President Donald Trump on May 2.

HRC estimates the total cost of “funding cuts, program eliminations, and policy changes” impacting the community will exceed approximately $2.6 billion.

Matthew Rose, the organization’s senior public policy advocate, said in a statement that “This budget is more than cuts on a page—it’s a direct attack on LGBTQ+ lives.”

“Trump is taking away life-saving healthcare, support for LGBTQ-owned businesses, protections against hate crimes, and even housing help for people living with HIV,” he said. “Stripping away more than $2 billion in support sends one clear message: we don’t matter. But we’ve fought back before, and we’ll do it again—we’re not going anywhere.”

Proposed rollbacks or changes at the U.S. Department of Health and Human Services will target the Ryan White HIV/AIDS Program, other programs related to STI prevention, viral hepatitis, and HIV, initiatives housed under the Substance Abuse and Mental Health Services Administration, and research by the National Institutes of Health and Agency for Healthcare Research and Quality.

Other agencies whose work on behalf of LGBTQ populations would be jeopardized or eliminated under Trump’s budget include the U.S. Department of Housing and Urban Development, the U.S. Department of Justice, the U.S. Small Business Administration, and the U.S. Department of Education.

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U.S. Supreme Court

Supreme Court allows Trump admin to enforce trans military ban

Litigation challenging the policy continues in the 9th Circuit

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court on Tuesday allowed the Trump-Vance administration to enforce a ban on transgender personnel serving in the U.S. Armed Forces pending the outcome of litigation challenging the policy.

The brief order staying a March 27 preliminary injunction issued by the U.S. District Court for the Western District of Washington notes the dissents from liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.

On the first day of his second term, President Donald Trump issued an executive order requiring Secretary of Defense Pete Hegseth to effectuate a ban against transgender individuals, going further than efforts under his first administration — which did not target those currently serving.

The DoD’s Feb. 26 ban argued that “the medical, surgical, and mental health constraints on individuals who have a current diagnosis or history of, or exhibit symptoms with, gender dysphoria are incompatible with the high mental and physical standards necessary for military service.” 

The case challenging the Pentagon’s policy is currently on appeal before the U.S. Court of Appeals for the Ninth Circuit. The lead plaintiff is U.S. Navy Commander Emily Shilling, who is joined in the litigation by other current transgender members of the armed forces, one transgender person who would like to join, and a nonprofit whose members either are transgender troops or would like to be.

Lambda Legal and the Human Rights Campaign Foundation, both representing the plaintiffs, issued a statement Tuesday in response to the Supreme Court’s decision:

“Today’s Supreme Court ruling is a devastating blow to transgender servicemembers who have demonstrated their capabilities and commitment to our nation’s defense.

“By allowing this discriminatory ban to take effect while our challenge continues, the Court has temporarily sanctioned a policy that has nothing to do with military readiness and everything to do with prejudice.

“Transgender individuals meet the same standards and demonstrate the same values as all who serve. We remain steadfast in our belief that this ban violates constitutional guarantees of equal protection and will ultimately be struck down.”

U.S. Solicitor General D. John Sauer noted that courts must show “substantial deference” to DoD decision making on military issues.

“The Supreme Court’s decision to allow the military ban to go into effect is devastating for the thousands of qualified transgender servicemembers who have met the standards and are serving honorably, putting their lives on the line for their country every single day,” said GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi. “Today’s decision only adds to the chaos and destruction caused by this administration. It’s not the end of the case, but the havoc it will wreak is devastating and irreparable. History will confirm the weight of the injustice done today.”

“The Court has upended the lives of thousands of servicemembers without even the decency of explaining why,” said NCLR Legal Director Shannon Minter. “As a result of this decision, reached without benefit of full briefing or argument, brave troops who have dedicated their lives to the service of our country will be targeted and forced into harsh administrative separation process usually reserved for misconduct. They have proven themselves time and time again and met the same standards as every other soldier, deploying in critical positions around the globe. This is a deeply sad day for our country.”

Levi and Minter are the lead attorneys in the first two transgender military ban cases to be heard in federal court, Talbott v. Trump and Ireland v. Hegseth.

U.S. Rep. Mark Takano (D-Calif.) issued a statement on behalf of the Congressional Equality Caucus, where he serves as chair.

“By lifting the lower court’s preliminary injunction and allowing Trump to enforce his trans troop ban as litigation continues, the Supreme Court is causing real harm to brave Americans who simply want to serve their nation in uniform.

“The difference between Donald Trump, a draft dodger, and the countless brave Americans serving their country who just happen to be trans couldn’t be starker. Let me be clear: Trump’s ban isn’t going to make our country safer—it will needlessly create gaps in critical chains of military command and actively undermine our national security.

“The Supreme Court was absolutely wrong to allow this ban to take effect. I hope that lower courts move swiftly so this ban can ultimately be struck down.”

SPARTA Pride also issued a statement:

“The Roberts Court’s decision staying the preliminary injunction will allow the Trump purge of transgender service members from the military to proceed.

“Transgender Americans have served openly, honorably, and effectively in the U.S. Armed Forces for nearly a decade. Thousands of transgender troops are currently serving, and are fully qualified for the positions in which they serve.

“Every court up to now has found that this order is unconstitutional. Nevertheless, the Roberts Court – without hearing any evidence or argument – decided to allow it to go forward. So while the case continues to be argued, thousands of trans troops will be purged from the Armed Forces.

“They will lose their jobs. They will lose their commands, their promotions, their training, pay and benefits, and time. Their units will lose key players; the mission will be disrupted. This is the very definition of irreparable harm.”

Imara Jones, CEO of TransLash Media, issued the following statement:

“The Supreme Court’s decision to uphold Trump’s ban on transgender soldiers in the military, even as the judicial process works its way through the overall question of service,  signals that open discrimination against trans people is fair game across American society.

“It will allow the Trump Administration to further advance its larger goal of  pushing trans people from mainstream society by discharging transgender military members who are currently serving their country, even at a time when the military has struggled recently  to meet its recruiting goals.

“But even more than this, all of my reporting tells me that this is a further slide down the mountain towards authoritarianism. The hard truth is that governments with authoritarian ambitions have to  separate citizens between who is worthy of protection and who’s not. Trans people are clearly in the later category. And this separation justifies the authoritarian quest  for more and more power. This  appears to be what we are witnessing here and targeting trans people in the military is  just a means to an end.”

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