As of January 1, 2024, California stores with more than five hundred employees will be required to have a “gender neutral” section for children’s toys. In essence, the law is declaring that California parents are stupid and don’t realize that boys can play with Barbie dolls and girls can play with GI Joe.
According to the law,
Keeping similar items that are traditionally marketed either for girls or for boys separated makes it more difficult for the consumer to compare the products and incorrectly implies that their use by one gender is inappropriate.
If consumers truly are confused by the manner in which stores market and display toys, the proper solution is for them to communicate that fact to the store. The store should have the freedom to market and sell products as it deems best.
The author of the bill said, “My hope is this bill encourages [emphasis added] more businesses across California and the U.S. to avoid reinforcing harmful and outdated stereotypes.” The method for “encouraging” businesses is the threat of fines. Stores that violate the law are subject to a fine of $500 for each violation. This is akin to saying that an armed robber encourages you to surrender your wallet by sticking a gun in your face.
Critics claim that the law violates the First Amendment by compelling certain speech. I haven’t read the law, so I can’t verify the truth of that claim. However, even if it is true, the more fundamental issue is the freedom to produce and trade—property rights.
If a store wants to promote “harmful and outdated stereotypes,” it has a moral right to do so. And consumers have a moral right to spend their money elsewhere.
Government force cannot eliminate irrational ideas, nor can it prevent people from being stupid. It can, however, prevent rational people from acting intelligently.