Jasmine Kaiser is a man who identifies as a Woman. He is suing CSL Plasma for its practice of forbidding plasma donations from transgender individuals. The Food and Drug Administration (“FDA”) does not prohibit blood product donations based on a person’s gender identity, but does impose a lifetime deferment on donations by men who have had sex with men since 1977, often referred to as its “MSM policy.” Last December, the FDA announced plans to propose changing its MSM policy from indefinite deferral to banning donations by men who have had sex with a man within 12 months of donating blood products. The FDA’s current MSM policy does not purport to bar donations simply because a person is transgender, nor has the agency announced plans to impose such a ban.
Kaiser was likely told he could not donate because he is a man who has engaged in homosexual sex. Kaiser is not the first man to assert such claim of discrimination. Kaiser may believe he is a woman, but that does not alter reality.