A coalition argues that an existing tax exemption for “wound care dressings” should...
Meghan Dawson McElvy, partner at Houston-based international law firm Baker Botts, is taking up the case pro bono against the state sales tax on feminine products.
“It’s just kind of a no-brainer issue to me,” McElvy said. “ libido enhancers are tax-exempt, but medically necessary products for women are not.” As of now, a slim majority, or 26 states, tax menstrual products, while the rest do not, either because they have exempted them or because they’re one of the five states that don’t levy a sales tax, according to Period Law, an advocacy and legal organization.
“We know there are a large number of Texas girls and women who do not have enough money to afford these products,” she said. “ not going to go a long way, but it’s a step in right direction.” Kass said when she learned about other states’ efforts to end tampon taxes, she asked her dad if he might know any lawyers who would help the coalition tackle the issue in Texas, free of charge. He asked around and, to her surprise, Baker Botts agreed to help.
Secondly, the coalition asserts that the policy is unconstitutionally discriminatory because it denies equal treatment based on a person’s sex, noting that male-specific products like libido enhancers and prostate vitamins are tax-exempt.
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