It does not violate the Charter of Rights and Freedoms to restrict gay men from donating to sperm banks, according to the Ontario Court of Appeal.
The ruling - which was released Jan. 12, but received little coverage at the time - rejected the claim of a Toronto lesbian, known as Susan Doe, who argued that it violated her constitutional rights to exclude the semen of gay men, including that of a gay friend who was willing to help her become pregnant.
The ban, contained in the federal Processing of Semen for Assisted Contraception Regulations, is "rational and health based," a three-judge panel said.
The regulations prohibit the use of semen from all men who have had sex with another man - termed MSMs - since 1977, to reduce the risk of infectious diseases such as HIV being spread to women and unborn children.
"The medical evidence in the record establishes that there is a higher prevalence of HIV and hepatitis among men in the MSM category," the decision said.
source.
I wonder if this will be appealed to The Supreme Court.
You know, she could have just by-passed this by having sex. But I guess she feels entitled to a child, and that society is obliged to assist her in that quest.
