Commentary: Taxing tampons isn't just unfair: It's unconstitutional
by Erwin Chemerinsky And Jennifer Weiss-Wolf, Los Angeles Times
Jul 12, 2019
3 minutes
If the government were to require that only men or only women had to pay a tax of several hundred dollars a year solely because of their sex, that would be an unconstitutional denial of equal protection under the 14th Amendment. Yet that is exactly the effect of the so-called tampon tax.
Currently, residents of 35 states must pay sales tax on purchases of tampons and pads because they are not deemed necessities worthy of an exemption. And that's in addition to
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