Michigan Governor Proposes Budget That Will Allow Repeal of State’s Tampon Tax

Back in August, the team over at Period Equity filed a class action law suit challenging the constitutionality of Michigan’s sales tax on menstrual products and seeking a refund (with interest) for prior taxes paid by approximately 2.4 million consumers. (Prior blog coverage is here; news coverage is here, e.g.)

Earlier this month, Michigan Governor Gretchen Whitmer proposed a budget that addresses the potential $4.8m impact of repeal  on the state’s School Aid Fund, which is funded by the sales tax.  Governor Whitmer proposes to fill that gap from the state’s general fund.  (More info on the proposed Michigan budget is here.)

In explaining her reasoning to the press, Governor Whitmer claimed that the class action has nothing to do with her budget proposal. Here‘s an excerpt story from Michigan Advance:

Gov. Gretchen Whitmer told the Michigan Advance Thursday that her Fiscal Year 2022 budget plan will include a provision to end the Michigan sales tax on menstrual products, commonly referred to as the “tampon tax.” 

“After combatting a global public health crisis for nearly a year now, it’s more important than ever to make sure people can access the affordable care they need. That’s why in 2021, there is no reason we should still be forcing people who are taking care of their reproductive health to pay more for this necessary care,” Whitmer said. * * *

Whitmer told the Advance the lawsuit didn’t factor into her decision on proposing the plan, but says that “good policy maybe means that we won’t have to duke it out in court, because it’s not something that I look forward to defending. I think this is the right thing to do.”

Read the full story here.

Similar litigation spurred legislatures in New York, Florida and Ohio to repeal the unconstitutional tampon tax. Let’s go, Michigan!

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