Fighting for Menstrual Equity
In the past few months, the conditions brought on by COVID-19 have reminded us that the ability to access menstrual products is a key part of equity in the U.S. and around the world. Menstrual products were among items that ran low in grocery stores as folks rushed to stock their houses. As Dana Marlowe, founder of I Support the Girls, noted: the ability to stockpile products is reserved for the wealthy and middle class. This leaves others without access to an essential item, including those who have lost their jobs or are unable to regularly reach stores.
Despite the extreme circumstances of COVID-19, which intensify problems of access to menstrual products, this issue is not reserved for global pandemics. Today, in all but 19 states, menstrual products are not tax-exempt. In these states, menstrual products are not considered “necessities” or non-luxury items, such as groceries, medical purchases, and agriculture supplies. In Texas, however, our “necessities” include select cowboy boots, Viagra, and dandruff shampoo.
I spent Summer 2019 in Beirut, Lebanon with the Hygiene, Empowerment, and Research for Social Impact (HERS) team. We worked alongside the Lebanese Red Cross and Lebanese American University students to find solutions to the menstrual product needs of people affected by humanitarian crises. While there are many differences, COVID-19 conditions in some ways resemble those which occur during natural disasters and war. During these times, individuals are left isolated and with limited means. These conditions illuminate ongoing institutional inequalities, such as lack of menstrual equity. Through our research, we were repeatedly reminded that this is a global issue. This project and the work of advocates around the U.S. and Texas recognize that the access people who menstruate have to menstrual products determines their ability to access education, work, and a healthy comfortable life.
Advocates in the Texas legislature have been fighting to eliminate sales tax on menstrual products for years. Senator Garcia and Senator Rodriguez introduced a bill in 2017, which was dead upon arrival. In 2019, Rep. Howard sponsored a bill that met the same fate. As menstrual equity advocates continue to push for bills in the 2021 session, the Coronavirus Aid, Relief and Economic Securities (CARES) Act signed by President Trump has brought in a quiet victory. As of March 27, menstrual products are a qualified medical expense under the IRS Tax Code. This means that menstrual products can be purchased with health savings accounts (HSAs) and flexible spending accounts (FSAs) throughout the U.S.
Seeing as there is no plan in place to maintain protection over menstrual products post COVID-19, the CARES act should be used as a case to further existing advocacy efforts. The CARE act is an opportunity to remind Texas legislators of the importance of menstrual equity at all times, with or without a global pandemic.
The impacts of lack of access vary per population. For trans men who menstruate, the inability to manage menstruation can cause physical and personal danger by “outing” them. In the U.S., 1 in 5 teens have struggled to afford menstrual products or have not been able to purchase them at all, and 84% of students reported missing time in class or knowing someone who had, due to lack of access to menstrual products. HERS’ research showed that previous lack of attention to menstrual equity in international crises responses led displaced populations to seek out alternative, and often unsafe solutions.
Without discounting the victory of the CARE Act, it is important to remember that this is a short-term solution that does not include a large portion of the population. Health savings accounts are an employee benefit, which means people without an account will not benefit from this change. This includes vulnerable communities, such as people without health-insurance and undocumented people. In order to assure menstrual equity for all, we must continue to bring this issue to the forefront of policy conversations and maintain what the CARE act has recognized – menstrual products are a necessity.