On Jan. 1, California Assembly Bill No. 1084 came into effect. This legislation, endorsed by Gov. Newsom in 2021, aligns with the Unruh Civil Rights Act, akin to the 14th Amendment’s equal protection clause but specific to the state of California. The primary objective of AB 1084 is to mandate retailers with 500 or more employees to establish gender-neutral toy sections. This bill aims to create a more welcoming environment for children, and it is about time that there is a change in how toys are categorized to create a space where all children can feel included.
Although having gender-neutral toy aisles may be seen as a violation of free speech for companies, it is not in violation as it aligns with constitutional principles of equal protection under the law. Furthermore, it challenges gender stereotypes and adheres to content-based regulation standards established by Supreme Court rulings such as the ruling in Reed v. Town of Gilbert. AB 1084 adheres to the precedent of Reed v. Town of Gilbert by following the regulations of having narrowly tailored content based regulations that serve a compelling government interest.
Gender-neutral toy aisles are a great step forward for ensuring the promise of the 14th Amendment as the aisles promote inclusivity and the LGBTQ+ community. Additionally, it is beneficial for children to have gender-neutral toy aisles so that they are not confined to traditional gender roles and can truly experience freedom of expression.
When considering the impact of this law on retailers, it will be a minor inconvenience at most; they simply need to reorganize their shelves. Moreover, the restructuring of toy aisles might encourage a broader range of customers to make additional purchases, as toy aisles are no longer strictly assigned to a particular gender. For instance, Walmart periodically rearranges its shelves with the goal of boosting purchases by changing the usual shopping routes of customers. In essence, the situation with gender-neutral toy aisles is comparable to such retail strategies. However, if big retailers with 500 or more employees fail to comply with this bill, they could face fines of $250 for the initial violation and $500 for subsequent violations, potentially leading to civil action. This penalty only applies to big companies; smaller businesses won’t be impacted by this law.
While this law mandates retailers to establish gender-neutral toy aisles, it fails to address the core issue at hand: the ongoing marketing of toys to specific genders. Although there is now a neutral presentation in stores, the persisting issue of gender-based marketing still exists. It perpetuates stereotypes and limits children’s choices, reinforcing traditional expectations rather than promoting true inclusivity. Thus, it is essential to discourage the continued marketing of toys specifically targeted at one gender. Although gender-neutral toy aisles represent a step in the right direction towards a more inclusive world, additional measures are necessary to tackle the root of the problem.
To be straightforward, traditionalists of the world will likely complain about not wanting children exposed to what they perceive as “radical” ideas. However, a simple solution exists for them: avoid walking down that particular aisle. The world is evolving and changing, and it is about time for laws to actively contribute to breaking down entrenched gender stereotypes.
