Paul L. Caron
Dean


Wednesday, November 20, 2019

Today Is Tampon Tax Day At Two Dozen Law Schools

Law.com, Tampon Tax Sparks Law Student Protests:

Tax FreeLaw students across the country are taking on the so-called tampon tax on Nov. 20.

Aspiring attorneys from two dozen law schools in states that tax menstrual products plan to purchase those items and send in tax refund claims to their respective state taxation agencies as both a form of protest and a bid to raise awareness about what they view as the unfairness of such taxes.

Wednesday’s coordinated efforts are spearheaded by the Tax Free. Period project, a collaboration between the nonprofit advocacy group Period Equity and menstrual products maker Lola. Fordham University School of Law’s Legislative and Policy Advocacy Clinic took the lead in organizing law student participation in the action, which also includes writing to state lawmakers and state departments of revenue about the unconstitutional nature of tampon taxes.

Currently, 33 states have a tampon tax on the books, including Texas, Georgia and California, although the Golden State has adopted a temporary reprieve from collecting taxes on menstrual products. ...

Period Equity co-founder Jennifer Weiss-Wolf and University of California Berkeley School of Law dean Erwin Chemerinsky published an op-ed in the Los Angeles Times last summer arguing that there is wide public support for the elimination of tampon taxes, which are by nature unconstitutional.

https://taxprof.typepad.com/taxprof_blog/2019/11/today-is-tampon-tax-day-at-two-dozen-law-schools.html

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Comments

So is a sales tax on condoms unconstitutional? How about the ACA's mandating that medical insurance cover birth control pills (for free) but not erectile dysfunction pills? How far does this "targeting one sex" argument go?

Posted by: guy helvering | Nov 20, 2019 12:52:31 PM

I'm a tax-is-theft guy, but why is a tampon tax any more unfair than any other tax? Seems just another identity politics helpless victim group freebie.

Posted by: jvermeer | Nov 20, 2019 2:33:26 PM

I am shocked at the sexism of this and the referenced article. Does the author not know that men menstruate too? In these enlightened times, how can people not be aware of these things. Universities are putting tampon dispensers in men's bathrooms these days. Heads need to roll for these attitudes.
sarc/off

Posted by: Bill | Nov 20, 2019 2:58:42 PM

When menstrual related products are made tax exempt then toilet paper MUST be included. Failure to do that makes the females active exclusionariasts and the gals have whined for daces against anything exclusionary when it relates to their wants, needs and desires.

Posted by: Obbop | Nov 20, 2019 3:45:16 PM

There is no tampon tax. There is only sales tax. These people are deliberately lying.

Posted by: Rick Caird | Nov 20, 2019 6:11:20 PM

Some common sense - per Marketwatch (quoting HuffPo). American women average $7 - $10/month on tampons.

Highest combined local/state sales tax is 9.47% (TN). The high side of the tampon tax would be 95 cents/month.

https://www.marketwatch.com/story/for-less-than-7-a-month-you-could-never-run-out-of-tampons-again-2018-08-01-888812

Posted by: debby witt | Nov 20, 2019 6:22:18 PM

Want a "tax free period"? Don't use tampons.

By the way, when do men get a "tax free marriage"? The money earned to support a wife is taxed far more heavily than any tampon.

Feminists are leeches.

Posted by: Micha Elyi | Nov 21, 2019 1:00:34 AM

Unless there's a medical problem involving an individual's period it's a normal process.
Medical treatments should be tax exempt.

Posted by: DCM | Nov 21, 2019 1:04:17 AM

As the “Father of Potty Parity,” I would be remiss in not pointing out that the attack on the so-called Tampon Tax is only a part of a new movement termed MENSTRUATION EQUITY; in other words, PERIOD PARITY instead of PERIOD POVERTY.

Yes, this new movement already has support in Congress, and women on some college campuses are holding “period parties.”

See, e.g.,

Congress Supports Menstruation Equity, a/k/a Period Parity
But New Movement Needs a Legal Activism Component
https://bit.ly/2qw76np

"Menstrual Equity" Activists Demand DeVos End "Period Poverty"
"Father of Potty Parity" Suggests Legal Actions to Achieve "Period Parity"
https://bit.ly/2XLkOPs

PUBLIC INTEREST LAW PROFESSOR JOHN BANZHAF

Posted by: LawProf John Banzhaf | Nov 23, 2019 9:46:03 PM