A Masque of Red Death: The FDA's "Individual Risk-Based" Blood Donor Final Guidance Report Is a Poorly Constructed Facade Covering Continued Animus toward Queer Men

Authors

Gerald Dryden, Benjamin N. Cardozo School of Law

Abstract

The note argues that the FDA's blood donation guidelines discriminatorily target queer men, perpetuating stigma and failing to align with contemporary science. These guidelines, while aiming to protect blood recipients, are unconstitutional and not tailored to avoid discrimination, thus requiring revision to reflect current scientific understanding and eliminate bias.

Disciplines

Food and Drug Law | Health Law and Policy | Law | Medical Jurisprudence | Sexuality and the Law

Recommended Citation

Gerald Dryden, A Masque of Red Death: The FDA's "Individual Risk-Based" Blood Donor Final Guidance Report Is a Poorly Constructed Facade Covering Continued Animus toward Queer Men, 31 Cardozo J. Equal Rts. & Soc. Just. 747 (2025).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol31/iss3/8