A milestone toward menstrual equity

Texas abolishes the ‘tampon tax’

Senate Bill 379 went into effect Sept. 1 in Texas, exempting menstrual hygiene products from sales and use taxes. The law aims to address gender-based discrimination and ensure fair access and affordability for all, a UTRGV professor says.

“Every little dollar counts,” health sophomore Mia Alvarez told The Rider when asked if this tax exemption would benefit those in need.

“I’ve grown up in, like, a poorer family,” Alvarez said. “Even more so now, we’re struggling a lot, so I imagine that the tax exemption would help so much more, in little or big ways.”

The Rider asked Amy Hay, an associate professor of history and an affiliated faculty member in sexuality, gender and women’s studies, if the removal of the tax benefits the advancement of women’s rights.

“Yes, and it’s because it’s a recognition that this is a fundamental experience and, unfortunately, a price that women have paid to menstruate,” Hay said. “For those individuals that menstruate, there’s been a cost they’ve paid, and it’s been mostly hidden.”

Under the previous tax structure, menstrual products such as tampons, pads and menstrual cups were subject to sales tax.   

“It was treated like a consumer item and was taxed,” Hay said. “There was not necessarily a recognition of this as a health item.”

Activists argued that it perpetuated gender-based discrimination and created an unfair financial burden on individuals who menstruate.

“What has changed is the consciousness of, like, what is this product used for?” Hay said. “What does it mean that we tax it like it’s a consumer good versus a health-care item? … Some people, they can’t afford it. It puts a burden on their financial stability or health.”

Texas is now the 25th state to exempt tampons and other feminine hygiene products from a sales tax, according to the Alliance for PERIOD Supplies website.

“It allows [people] to spend that extra little bit of free money to purchase the things they need,” management senior Alexis Garcia said.

Theatre education junior Ileana Ibarra told The Rider that legislation can go even further.

“I don’t really think it’s necessary for women to be buying these products,” Ibarra said. “It should be free for us, because every woman goes through this and they’re just profiting off of it.”

This move toward menstrual equity is seen as a significant step in destigmatizing menstruation and poverty.

Hay said there is the issue of not being able to afford products in the event of an emergency and that there is a “broader issue about not being able to buy it, potentially, at all.”

The Rider asked Hay if there were any resources available on campus for students to access these items at no cost. She replied that the Office for Advocacy and Violence Prevention is the only source she is aware of but suggested the university invest in “some kind of vending machine where you could use your V card” or “at least get an emergency tampon or pad [from] a dispenser in the bathrooms.”

In an email to The Rider on Sept. 12, Food Pantry Attendant Katia Valdez wrote that the pantry does not currently have any feminine hygiene products available, but accepts donations as long as they are not damaged.

Maria Barrera, a communication science and disorder junior and food pantry attendant, told The Rider, that a few years ago they had feminine hygiene kits donated to the food pantry.

“After the program was over and we did run out of the supplies, students were still requesting the items,” Barrera said. “Whenever we do have them on hand … they’re a very popular item to give out in the pantry.”

The Rider asked Hay if she believed there might still be students who struggle to pay for the items even without the tax.

“The tricky part is, we say we have a cycle but it’s not necessarily identical every month,” she replied. “So you might have a month where you have a light menstrual cycle and the next month it might be more heavy.”

This makes budgeting difficult for individuals whose incomes are below the federal poverty threshold.

Priscilla Palacios, associate director of special programs at OVAP, told The Rider in an email on Sept. 12 that students who need these items may stop by the OVAP office in Marialice Shary Shivers Building Room 3.160 to request them.