New gender neutral California toy law inspired by simple question from eight-year-old

Gendered children's clothes

Large retailers in California are now required by law to stop marketing children’s products as gendered and to “maintain a gender-neutral section”.

Assembly Bill 1084, dating from 2021, and which forces retailers with 500 or more employees that sell childcare items or toys “to maintain a gender-neutral section or area to be labelled at the discretion of the retailer”, went into effect on Monday (1 January).

Stores that fail to comply can be hit with a $250 (£198) fine, rising to $500 (£396) for subsequent violations. 

“This section shall apply only to retail department stores that are physically located in California that have a total of 500 or more employees across all California retail department store locations,” the law states. 

The bill passed through the state legislature in a 49-16 vote and was signed into law by California Democrat governor Gavin Newsom, who, in November, blasted Florida governor Ron DeSantis for his anti-LGBTQ+ stance.

Co-author of the bill, California state assembly member Evan Low, revealed that he was inspired to introduce the legislation following an eight-year-old girl asking: “Why should a store tell me what a girl’s shirt or toy is?”

Low said: “Her bill will help children express themselves freely and without bias. We need to let kids be kids.”

However, some people have already attempted to brand the legislation a “violation of free speech”. 

According to Advocate, Jonathan Keller, the president of not-for-profit religious organisation California Family Council, said: “We should all have compassion for individuals experiencing gender dysphoria, but activists and state legislators have no right to force retailers to espouse government-approved messages about sexuality and gender.

You may like to watch

“It’s a violation of free speech and it’s just plain wrong.”

How did this story make you feel?

Sending reaction...
Thanks for your feedback!

Please login or register to comment on this story.