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Compared To What? Menstruation, Pregnancy, And The Complexities Of Comparison, Emily Gold Waldman
Compared To What? Menstruation, Pregnancy, And The Complexities Of Comparison, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
When crafting a sex discrimination argument, finding the right comparison can be crucial. Indeed, comparison-drawing has been a key strategy for advocates challenging the constitutionality of the tampon tax. In their 2016 lawsuit challenging New York’s tampon tax, the plaintiffs alleged that the New York State Department of Taxation and Finance had imposed a “double standard” when deciding which products would be considered tax-free medical items and which would not. Similar arguments were made in the subsequent challenge to Florida's tampon tax. In both cases, the arguments had powerful rhetorical force, helping to effectuate legislative repeal of the tampon taxes …
Title Ix & Menstruation, Margaret E. Johnson, Emily Gold Waldman, Bridget J. Crawford
Title Ix & Menstruation, Margaret E. Johnson, Emily Gold Waldman, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
“Oh no. Could I borrow a tampon or pad?” These (or similar) words are familiar to almost everyone who has ever had a period. Even for adults, menstruation can at times be a challenge. For some schoolchildren, it can be an insurmountable obstacle to receiving an education. Students are subject to constant observation by classmates and teachers; they may not have autonomous access to a bathroom during the school day; or they may not be able to afford menstrual products. They may experience menstruation-related peer harassment, restrictive school policies, a lack of access to menstrual products, and inadequate menstruation-related education. …