APPLETON (NBC 26) — A local women's rights organization is taking its fight against Wisconsin's "pink tax" to court, arguing that charging sales tax on menstrual products amounts to unconstitutional sex-based discrimination.
Appleton Area National Organization for Women (NOW) is working with Period Law to challenge the state's 5% sales tax on products such as pads and tampons. The groups argue that menstrual products are medical necessities and should be exempt from the tax, just as other medical products are.
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For Greenville resident Heather Wunderlich, the issue hits close to home. With three daughters, buying menstrual products is a regular household expense — one she believes shouldn't come with an additional tax.
"During those many, many years of your cycle, to be taxed on something that's a necessity, isn't fair," Wunderlich said.
That question of fairness is at the center of the legal challenge.
Irene Strohbeen, president of Appleton Area NOW, says the organization believes Wisconsin's tax unfairly targets people who menstruate and violates constitutional protections against sex-based discrimination.
"We're just calling attention to the state that we're noticing, and they're doing something that's just wrong. It's not just wrong, it's illegal, and it's unconstitutional," Strohbeen said.
The lawsuit follows previous attempts to eliminate the tax through legislation.
In February, Wisconsin State Representatives Lee Snodgrass and Robyn Vining, along with State Sen. Rachael Cabral-Guevara, co-authored a bipartisan bill that would have exempted menstrual products from the state's 5% sales tax.
But the proposal never received a legislative hearing or a vote.
Snodgrass said the effort also faced a setback when a provision eliminating the tax was removed from the governor's proposed state budget.
Despite those setbacks, she believes menstrual products should be treated the same as other medical necessities that qualify for sales tax exemptions.
"You can't go about your day, you can't go to school, you can't go to work without them. And medically necessary products are not taxable. Unfortunately, we are taxing these products, and it's time to stop," Snodgrass said.
Supporters of eliminating the tax say the cost can add up over years of purchasing menstrual products, particularly for families buying them for multiple household members.
Now, with a lawsuit challenging the tax, advocates hope the issue will receive renewed attention from state lawmakers.
For Wunderlich, the debate shouldn't be limited to those who personally purchase or use menstrual products. She believes it's an issue that touches nearly every family.
"Because everyone has a mother, possibly a daughter, a sister, right? A wife. So, it affects everybody," Wunderlich said.
For now, Wisconsin's 5% sales tax on menstrual products remains in place.
