Health Canada’s sperm donor ban is unconstitutional and anti-gay: Court challenge

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Health Canada’s sperm donor ban is unconstitutional and anti-gay: Court challenge
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Men who have had sex with men in the last three months are banned from donating to a sperm bank — virtually the same prohibition that prevented many gay men from donating blood, before that ban was lifted.

Around 2014, Aziz M. began donating to a sperm bank after reading an article about a critical shortage of donations in Canada.

“It’s intellectually stimulating. It’s also an emotional experience. You have this sudden attachment to this little person.” The legal action comes in the wake of Health Canada approving a proposal last year by Canadian Blood ServicesThe new rules no longer constitute a blanket ban on men who have sex with men. Instead, they prohibit anyone who has engaged in sexual behaviour considered to be high-risk — namely anal sex — with new or multiple partners in the previous three months from donating blood.

Aziz told the Star in an interview that he learned of the ban on sperm bank donations after recommending to his gay friends that they should also donate, given his positive experience, only to be told that they were automatically rejected. “My daughter has taught me to see the world differently, namely in terms of how children see the world and what role parents can play for children. Importantly, I have been able to contribute to my daughter’s growth and development.”

“Men who have sex with women, no matter the individual risk factors involved, are not subject to any comparable prohibition or limitations,” the application says.

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