End the Bloody Taxation: Seeing Red on the Unconstitutional Tax on Tampons

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Vol: 112, Issue: 2, Page: 313-354

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Hartman, Victoria
Fourteenth Amendment; menstrual equity; tax policy; Equal Protection Clause; Constitutional Law; Tax Law
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Why was there so much activism in the United States, and across the world, to end the tampon tax in 2016? This Note situates the movement to end the tampon tax within a broader history of feminist activism related to tampons and menstruation. It also analyzes the constitutional dimensions of the tax on feminine hygiene products and serves as a litigation guide for plaintiffs claiming that a state, city, or county sales tax on feminine hygiene products violates the Equal Protection Clause. Lastly, this Note demonstrates the hardships women face paying this tax and encourages state legislatures and city councils to create an exemption for feminine hygiene products in their respective tax codes.