If you are gay in Canada and want to give blood, tough luck. Lying may not even help you.

Kyle Freeman, a gay Canadian, tried lying about his sexual history but was somehow turned down by Canadian Blood Services multiple times until the blood agency sued him. Freeman counter-sued, claiming his Charter rights are being unfairly discriminated against.

Today, The Vancouver Sun reports that an Ottawa judge has sided with Canadian Blood Services, dismissing Freeman’s claim.

In her 187-page ruling, Ontario Superior Court Justice Catherine Aitken expressed sympathy to the gay men who are discriminated against donating blood because they had sex with another man.

“That impact, however, is not in the same league as a blood recipient who has to use blood or blood products in order to survive or make life livable, and who is asked to accept lower safety standards even though an adequate supply of blood could be provided if higher safety standards were imposed,” the judge wrote.