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Embracing Childhood Diversity: California Contemplates Legislation Mandating Gender-Neutral Sections in Major Retailers

In a bid to foster inclusivity, California is considering a bill that would prohibit large retail stores from segregating children’s items based on gender.

Proposed legislation in California aims to promote gender neutrality in retail spaces.

State legislators are currently deliberating on a new bill that seeks to prevent department stores with over 500 employees from categorizing children’s products by gender.

Under this proposed restriction, separate sections and gender-specific signage would be prohibited, and online retailers with physical locations in the state would be required to use gender-neutral terminology to label children’s items on their websites. The scope of this regulation includes toys and other children’s items, excluding clothing for the time being, as explained by Assemblywoman Cristina Garcia, one of the bill’s co-authors, in an interview with USA Today.

If approved, this legislation is slated to take effect on Jan. 1, 2024, with violators facing fines of $1,000.

Introduced on Feb. 18, this proposal follows a series of recent initiatives advocated by LGBTQ groups. Just last month, Hasbro introduced a gender-neutral approach to its Potato Head brand, and Congress expanded the Equality Act to include protections for the LGBTQ community.

According to Garcia, this legislation aims to break free from restrictive labels for both children and adults.

“It’s crucial that toy and children’s sections remain neutral to provide children with ample opportunities to thrive, explore, and express themselves creatively,” emphasized Garcia, a Democrat leading the California Legislative Women’s Caucus. “We need to enable our children to discover and pursue their interests freely, without predefined gender norms dictating their choices.”

Assemblyman Evan Low, another Democrat involved in the bill’s co-authorship, shared that his inspiration came from Britten, an 8-year-old who questioned the need for gender-based distinctions in retail.

“Why should a store dictate what constitutes a ‘girl’s’ shirt or toy?” Britten asked, prompting Low to champion this cause. “We should allow children to simply be children,” added Low, who also heads the California Legislative LGBT Caucus. “This bill will empower children to express themselves authentically and without bias.”

Low further emphasized the detrimental effects of segregating clothing and toy sections along gender lines, stating, “No child should feel marginalized for wearing a dinosaur shirt or playing with a Barbie doll.”

The initial version of the bill was temporarily withdrawn by Low to redirect legislative focus towards addressing the emerging coronavirus crisis, as reported by the Sacramento Bee.

Several retailers have already implemented gender-neutral initiatives in their stores.

Target, for instance, announced in 2015 the removal of gender indicators from certain sections, such as kids’ bedding and toys. Similarly, Abercrombie & Fitch introduced a gender-neutral collection for children in 2018.

Advocates for LGBTQ rights stress the importance of such measures in respecting individuals’ self-identification and fostering a more inclusive society.

“Ascribing importance to how individuals self-identify is crucial for their lived experiences,” remarked Alphonso David, president of the Human Rights Campaign, a prominent LGBTQ advocacy organization, in a previous interview with USA TODAY.

David highlighted the progress made in recent efforts towards inclusion, stating, “We’re witnessing a convergence of heightened awareness and mobilization across communities nationwide. People recognize that equality is not just a moral imperative but also a winning proposition for society as a whole.”

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