Abstract

 
 
 Some states have policies that prevent bar exam candidates from bringing their own menstrual products to the test. Via social media, awareness of these policies achieved new heights in the weeks leading up to the July 2020 bar exam. A small number of jurisdictions responded to public criticism by permitting test takers to bring menstrual products with them to the exam, whether administered traditionally or remotely in response to the COVID-19 pandemic. Not all states have adopted permissive policies, however. This Essay explains why outright bans on menstrual products at the bar exam likely are unconstitutional. So-called alternate policies, such as making menstrual products available in women’s restrooms, are inadequate. Only a “free-carry” policy for menstrual products is consistent with welcoming all qualified candidates to the legal profession, without regard to biology.
 
 
Highlights
Aspiring lawyers planning to take the bar exam during the coronavirus pandemic face considerable challenges
Prior to July 2020, it is unlikely that the failure of bar examiners to include menstrual products on lists of permitted necessities reflected any plot against menstruating test takers
At a time when bar examiners are asking test takers to sign liability waivers related to possible COVID-19 exposure,[61] a focus on menstrual products may seem like a minor issue to some
Summary
Aspiring lawyers planning to take the bar exam during the coronavirus pandemic face considerable challenges. After the cancellation of in-person graduation ceremonies, recent law school graduates hunkered down to study for bar exams that were not certain to occur in July Some states, such as Hawaii and North Dakota, cancelled their July exam administrations with ample notice to candidates.[3] Other states like Illinois announced that it would proceed with the in-person exam as scheduled, only to cancel just five days before the test date in favor of a September in-person test that was cancelled as well.[4].
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