ABA Midyear Meeting
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The proper of bar examinees to convey tampons and pads with them was addressed in a measure overwhelmingly accredited by the House of Delegates on the ABA Midyear Meeting on Monday.
Resolution 105 calls on the bar admission authority in every jurisdiction to allow test-takers to take menstrual merchandise into the bar examination in opaque luggage and entry them with out being supervised by examination proctors.
The decision, which was primarily sponsored by the Law Student Division, additionally asks that authorities in every jurisdiction create and disseminate clear insurance policies that define the protocol for bringing menstrual merchandise into the bar examination.
Jurisdictions develop their very own testing situations, together with these associated with the carrying in of tampons and sanitary napkins. It was reported in 2013 that Pennsylvania prohibited test-takers from bringing their very own female hygiene merchandise to bar exams, and California required that these merchandise be visible in clear plastic luggage, based on the report that accompanies the decision.
Concerns over potential bans on tampons and pads at bar exams once more surfaced on social media in July. The ABA Journal reported at the moment that Texas prohibited female hygiene merchandise within the testing room, and whereas Arizona included menstrual merchandise in its ban on paper on the bar examination for a few years, it had revised its restrictions to allow them.
In late July, Texas additionally modified its insurance policies to permit test-takers to convey menstrual merchandise to the autumn bar examination however mandated that they be introduced in a transparent bag, the report with the decision says.
“At the end of the day, these discriminatory policies are sending a clear message: your bleeding body is different and not welcome in the practice of law,” stated Ayat Nizam, the chair of the Law Student Division, who moved the decision. “It is wrong to impose these conditions on examinees to make an already stressful situation more challenging for those who happen to menstruate.”
Nizam stated it has been argued that menstrual merchandise needs to be banned from testing rooms to forestall being dishonest. However, she added, there have been no recognized circumstances of bar examinees writing data on pads or tampons.
“The bar exam is stressful enough already, no doubt about that, but do we really need to impose draconian rules to ward off unlikely situations?” requested Christopher Jennison, the speaker of the Young Lawyers Division, who spoke in favor of the decision. “I think not. It is important that this association send a strong message that these archaic and nonsensical practices have no place in the legal profession.”
Nizam additionally identified that when menstrual merchandise are equipped, they’re typically solely positioned in girls’s restrooms. She stated it places transgender and nonbinary individuals at a drawback after they can’t acquire entry to the merchandise that they want.
The Law Student Division plans to work with the Governmental Affairs Office and different entities to share this coverage with the bar admission authority in every jurisdiction.
ABA Journal: “Do some states really prohibit bringing tampons and pads to the bar exam?”
Follow together with the ABA Journal’s protection of the 2021 ABA Midyear Meeting here.