Nowadays "private organization" is an extremely loose.
No doubt Red Cross are some how affiliated with the government, and probably even get some sort of legal benefits, which you could try to justify breaking Red Cross contract.
Of course, Red Cross would be justified in enforcing breakage of their contract, but I think its a totally bullshit rule to refuse blood from sexually active gay men, no matter how careful they are with sex, while a man who has unprotected sex with 10 different women a night and still be eligible, so I really can't muster too much care about someone breaking a really stupid rule in order to give blood.
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