book reviews
Turning Red Menstruation Matters: Challenging the Law’s Silence on Periods By Bridget J. Crawford and Emily Gold Waldman New York University Press
REVIEW BY CARRIE N. BAKER
DID YOU KNOW HEALTHCARE FLEXIBLE SPENDING accounts will now reimburse you for the cost of tampons and pads? Thanks to menstrual equity advocates who have been working hard in recent years to reform laws and policies that disadvantage people who menstruate, the CARES Act allowed these payments for the first time in January 2020. And that’s only the beginning. Menstruation Matters by law professors Bridget J.
Crawford and Emily Gold Waldman is the first compre- hensive legal accounting of the groundbreaking and sur- prisingly effective menstrual equity movement that too often flies under the radar. No longer: This book exten- sively and engagingly documents the growing movement in the U.S. and across the globe. Through lobbying, liti- gating and public education, advocates are working to end the silence and stigma around menstruation and ensure that menstrual products are safe, accessible and affordable for all who need them so that they can fully participate in school, work and daily life with dignity. From Judy Chicago’s 1972 installation Menstruation
Bathroom to Kiran Gandhi’s “free-bleeding” run of the London Marathon in 2015, Crawford and Waldman tell the fascinating stories of advocates breaking through the shame surrounding menstruation to address costly and punitive laws, policies and practices across societies. While acknowledging that not all people who menstruate are women, Crawford and Waldman argue that the taboo treatment of menstruation is a form of sex discrimination. Much of menstrual equity work is directed at the eco-
nomics of menstruation. Advocates coined the phrase “period poverty” to raise awareness about the lack of access to affordable menstrual products and sanitation facilities. The “tampon tax”—taxing menstrual products— is a major focus of advocacy. Period Equity, a group of lawyers working for menstrual equity, estimates that states collect about $120 million in revenue from period products annually while exempting from taxation many purchases that are clearly nonessential, such as tattoos (Georgia), licorice (Arizona) and the sugary snack Pixy Stix (Kentucky). Period Equity’s state-by-state campaign to repeal tampon taxes has succeeded in 13 states so far. Because many prisons still charge inmates exorbitant
rates for menstrual products, advocates are pushing for governmental authorities to provide them to incarcerated people for free. In the workplace, advocates are using the law to expand limited access to restrooms, loosen tight
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restrictions on breaks and leaves, and oppose termina- tion for menstruation on the job (yes, that happens). The movement is scoring
victories. In June 2016, New York City became the first U.S. city to provide free tam- pons and pads in public schools, homeless shelters and prisons. The First Step Act passed in 2018 requires federal facilities to provide free menstrual products to inmates. Advocates are pushing for similar laws at the state and local levels. Menstruation Matters looks beyond legal battles to
address the health and environmental aspects of menstru- al products, including safety, testing and disclosure laws and sustainability initiatives. Crawford and Waldman cri- tique “menstrual capitalism” and the “menstrual industri- al complex,” corporations profiting from menstruation while sometimes using female empowerment messaging but other times perpetuating stigmatizing ideas about men- struation. They discuss “menstrual surveillance” in sports, as well as corporations promoting menstrual-related smartphone apps that collect highly personal data about menstrual cycles, which may be sold or shared. While most of the book concentrates on the U.S., the
final chapter addresses groundbreaking campaigns and legal developments in India, Kenya, Australia, New Zealand and Scotland. Interestingly, in 2004 Kenya was the first country to eliminate taxes on tampons. In November 2020, Scotland became the first country to offer free men- strual products to all who need them. Women in India are leading an ongoing legal campaign to gain access to the Lord Ayyappa Temple in Kerala, where they are barred because of cultural taboos around menstruation. With a focus on young, low-income and incarcerated
people, the menstrual equity movement exposes the myr- iad, often invisible ways our laws disadvantage women, girls and other people who menstruate. At a time when women’s rights are sliding backward in so many ways, notably the right to control their own bodies, the extraor- dinary success of the menstrual equity movement makes Menstruation Matters an encouraging and refreshing read.
CARRIE N. BAKER, J.D., Ph.D., is a professor at Smith College and a contributing editor at Ms.
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