We previously opined on the so-called “Women’s Bill of Rights” — HB 5243 — that has absolutely nothing to do with women’s rights and everything to do with promoting an anti-trans, anti-nonbinary, anti-intersex agenda. Recently, House Democrats tried to amend in some actual women’s rights — but House Republicans killed all proposed amendments but one.
Here’s what could have been in the bill:
- Removing a tax on feminine hygiene products. Certain consumer supplies deemed “essential” — like aspirin or antacids — are sold sales-tax-free, because it’s unfair to tax people for something they medically need. One would think that tampons and sanitary pads would qualify, since anyone who has ever had a period knows that feminine hygiene products are, indeed, necessary. However, since menstruation is a “woman” problem (i.e., not a concern for most policymakers, who tend to be male), the unfair consumer/luxury tax on feminine supplies continues. (This is not to be confused with the “pink tax,” which is an upcharge, not a tax, on things marketed to women.)
- Providing free access to feminine hygiene products to all women in jails. It’s not like women in jail have the option to pop down to the corner store for an emergency box of tampons — nor do they have a steady income with which to purchase feminine hygiene products. Making them free to women in jail should be a no-brainer. But, again, since it is a “woman” problem, it is often overlooked by male lawmakers.
- Requiring implicit bias training for perinatal health care professionals. You would be shocked to learn how many health care providers don’t take women’s complaints or concerns seriously. You’d probably be less shocked to hear that health care providers tend to take women of color even less seriously — and it has led to deadly outcomes. It’s not that health care providers consciously think women (especially Black women) are making things up or that they don’t know their own bodies; it’s that bias against both women and people of color is so pervasive that it penetrates on a subconscious level — hence, “implicit bias.” Implicit bias training could only make perinatal health care better and safer for women and their babies.
- Pushing for pay equity. Because it’s 2024, and women still make less than men for the same work. Based on 2022 data from the Department of Labor, “Overall, women are not paid as much as men …. On average, women working full time, year-round are paid 83.7% of what men are paid. This inequity is even greater for Black and Hispanic women.”
- Making clear adults have the right to make their own medical decisions. Bodily autonomy should be a given, but for some reason, it’s not — especially for women.
Here’s what did make it into the amended bill:
- Removing an exemption currently in criminal statute for marital rape. It was former Mon County prosecutor Perri Jo DeChristopher who brought this particular loophole to legislators’ attention last year, in addition to the one that allowed children to get married at virtually any age. The marriage age was amended slightly, but the marital exemption didn’t pass the Legislature.
HB 5243 passed the House of Delegates and is now up for consideration in the Senate. Because Republicans hold a supermajority, the bill will probably pass largely as-is. It’s disappointing to see so many things that could have actually helped women dismissed in favor of advancing a culture-war ideology instead. We are the glad the marital rape loophole will finally be fixed. That should have been its own bill, but we’re not confident Republican legislators would have cared enough to pass it on its own.
