As the United States continues to struggle to flatten the COVID curve, one of its innumerable areas of impact has been bar exam administration. Under normal circumstances, aspiring attorneys nationwide would have sat for the bar starting July 28, with little thought or attention from the rest of the legal community. But as jurisdictions scramble (or don’t) to adjust long-standing policies around licensure, it has brought attention from lawyers and legal academics to all aspects of the process.
The most luminous spotlight of scrutiny has hit on an area that might surprise many readers: multiple jurisdictions, including Texas, ban test-takers from bringing menstrual products to the examination. Critics argue this places a disproportionate burden on women bar applicants.
Arizona, for one, said it would mitigate any such impact by providing free supplies in women’s restrooms. But attorneys and bar candidates say this doesn’t go far enough for a wide range of reasons, including that COVID makes it unsafe to touch products handled by other test-takers, that products provided may not be adequate for the needs of all test-takers in need of such items, and that transgender test-takers who menstruate may not have access to the women’s restroom. Facing extensive pressure on social media, Arizona capitulated and said they will allow examinees to provide their own products.
Menstrual products are not the only medically necessary items banned from testing sites. For example, Iowa appears to also ban inhalers.
The National Conference of Bar Examiners responded to inquiries from Law360, explaining that it does not support bans on menstrual products. “We have recently contacted all jurisdictions to clarify any misunderstanding about our policy,” NCBE spokesperson Valerie Hickman told Law360, “and to let them know that we strongly discourage any prohibition on allowing candidates to bring their own menstrual products into the testing room.”