Chemerinsky on the Tampon Tax

Erwin Chemerinsky (UC Irvine) published a column in last week’s Los Angeles Daily News.  Here is an excerpt:

If the government were to say that only men or only women had to pay an additional tax of several hundred dollars a year solely because of their sex, that would clearly be an unconstitutional denial of equal protection. Yet that is exactly the effect of California imposing a tax on tampons and sanitary pads. * * * [T]axing tampons and sanitary pads is sex discrimination. Only women use these products, and thus only women pay the tax.

Read the full column here.

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