There are a number of new laws that will kick in in 2024, but one of the most interesting fights are likely to over the new California law requiring stores with more than 500 employees to carry “gender-neutral” toys over face state fines. The law, signed by Gov. Gavin Newsom in 2021, is likely to trigger free speech challenges.
The law covers childcare items, which is defined as “any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.”
The requirement of a gender-neutral section could be opposed by businesses on religious or other grounds. Notably, this applies to relatively large businesses. In the past, companies like Target have been boycotted for selling “tuck-friendly” items opposed by some consumers. While there is likely to be a backlash, these companies can argue that they are merely following the law rather than pursuing woke corporate policies.
The law could return courts to defining the free speech rights of corporations and the question of compelled speech. It is an interesting variation on the case of the recent 303 Creative ruling of the Supreme Court, which is discussed in my recent law review publication as well as my forthcoming book.
In that case, the Court ruled in favor of a website designer who refused to work on same-sex marriage projects. That case, however, involved products made by the designer with “expressive content.” This is requiring the selling of products made by others.
In 2010, in Citizens United v. Federal Election Commission, the Court held in favor of a company in striking down political campaign limits as a denial of corporate free speech rights.
In 2014, in Burwell v. Hobby Lobby, the Court ruled in favor of a privately-held, for-profit corporation that refused to cover contraceptive services under the Religious Freedom Restoration Act of 1993.
This case presents a different but arguably analogous issue of corporate free speech. A major element for challengers is to find an ideal plaintiff with long-standing religious objections to such gender neutral products to make the strongest case for government-compelled speech.
The question is whether a state can compel a company to sell items that it or its customers consider to be morally offensive. If so, what is the limit on such state power? While these are not expressive products created by the owners, it is still compelling the store to associate with such products and their inherent message or values. For example, if Jack Phillips of Masterpiece Cakeshop is no longer required to make same-sex cakes, could he be required to sell pre-made same-sex cakes created by others?
As many on this blog are aware, my natural default remains with free speech. However, people of good faith can disagree on such questions. The court may soon be involved in answering these questions in what is likely going to be a novel and important challenge out of California.
Today’s Puppet Show
Today Tom/Estovir fielded these puppets to bolster his footprint on the comment threads:
Thinkthrough, N.N., Edward Mahl, Iowan2, Double Dutch, Tanner K, Upstate Farmer, ChuckieChan
Steaming turd from turdrunner, who has many irrational fears, not the least of which is Estovir the Terrible.
That guy must have f*cked this little twat with no lube when he was 10, he is so sacred of “them”. He won’t even post with his turdrunner handle anymore.
Signed
Thinkthrough, N.N., Edward Mahl, Iowan2, Double Dutch, Tanner K, Upstate Farmer, ChuckieChan
No one takes you seriously anymore
Stooge, none of your puppets take him seriously. They continue with the charade.
They wont stop. Mommy make them stop—-turdrunner the chickensh!t
I believe that I recall that we should believe that there are not two but many genders. I guess that now selling dresses in the boys apparel section will become a crime in California. In California they can’t find their butt pads with both hands.
Neither masculine nor feminine gender. California is a liberal jurisdiction that is notorious for establishment of the Pro-Choice religion practiced under the twilight fringe faith.
See below for another TDS turd from Dennis the pedophile.VVVV
Jonathan: Forget about California’s new law. The real action is going to be in NY on Jan.1. US District Judge Loretta Preska has ordered the release of the names of 150 people referenced in the defamation lawsuit by Virginia Giuffre against Chislaine Maxwell, the paramour of Jeffrey Epstein, who helped procure underage girls for his and his friend’s sexual pleasure. Maxwell is now serving a 20 yr sentence in federal prison. Judge Preska has given 14 days for anyone to appeal her decision.
Among the names referenced are probably Prince Andrew, Bill Clinton, Alan Dershowitz and other “public figures”–and, yes, even DJT. These names were widely discussed when Epstein was indicted. DJT and Epstein were pals when they were high-rollers and a part of the glitterati in NY society. Of course, that was before Epstein’s sex trafficking scheme came to light. After the revelations DJT distanced himself from Epstein.
If DJT’s name is on the list this could be embarrassing since he is the leading candidate for the GOP nomination next year. The “family values” religious crowd, who are an essentially part of DJT’s base of voters, might have second thoughts if his name is on the list. More for DJT to worry about!
Dennis: Oh, DJT needn’t worry–the MAGA-ites don’t care. They don’t care that he’s a chronic, habitual liar, a racist, misogynist, serial cheater on multiple wives, lousy businessman, tax cheater, found liable for sexual assault and defamation, started an insurrection, stole classified documents, trashed the successful economy he inherited, started a trade war with China, downplayed the pandemic and lied about fake cures, causing unnecessary deaths, or any of the other truthful things that prove he doesn’t belong in the White House. Just another log on the fire. Trump is right–he could kill someone, with cameras rolling, and the adoring racist dumbaxxes who constitute his “base” would vote for him anyway.
It’s a cult.
Poor Gigi, she can’t even get away with being a dumb kunt. No wonder she hates Trump.
Hey Dennis
Do you make your 11 yo nephew play gender neutral when you cornhole him?
Is Trump a chronic habi9tual liar – nope. He exagerates a bit, but lying is something different.
I did not have sex with that woman was a lie.
I have no knowledge of Hunter’s business dealings is a lie.
Is Trump a racist ? His daughter converted to Judiasm. Kanye visited him int he WH. Republican support amoung blacks is something like a factor of 5 higher than under Obama.
Is he a serial cheater – absolutely.
Is he a lousy business man ? Absolutely not. He is a multibillionaire – as is most of his family.
Is he a mysoginist ? Possibly. And the evidence is that Biden is as bad or worse. Bifen has flashed and groped femail SS agents and their wives and seems to love sniffing womens and girls hair.
Is he a tax cheat ? Nope, that is the entire Biden family.
No Trump has not been found liable for sexual assault.
HYe was found to have defamed a woman who has accused almost ever man she has ever met, and many she has not of raping her.
No he did not start an insurection. No he did not steal classified documents – though Sen. Biden and VP Biden did.
No he did not inherit a good economy. But he passed a good economy on to Biden – who did trash it.
You honestly want to talk about lying about the pandemic ? HAVE YOU NO SHAME ?
Biden has 3 times as many C19 deaths as Trump. You really do not want to go there.
If there was anything that could have been done about Pandemic deaths that would not be the case.
you talk about “fake cures” – do you have a real cure ? HCQ and Ivarmectin with certainty work better than the vaccine.
Further Both HCQ and Ivarmectin are safer than aspirin. While the vaccine is the most dangerous vaccine we have ever had by several orders of magnitude. The hypocratic oath is “first do no harm” HCG and Ivarmectin meet that. The Vaccine, masks, etc do not.
You really want to talk about China ?
Trump was right about Covid coming from a lab in China.
We are all worried that China may try to invade Taiwan – something that became MORE likely under Biden.
The Chinese economy is tanking.
China is the big Funder of the Biden family syndicate.
You really want to talk about China ?
Dennis McIntyre, we know for sure that your boy Billy Clinton is on the list. Hillary was there too. Was a pretty young girl provided for her pleasure too. Your just sad that your not on the list.
Thinkitthrough: As usual you don’t think things through. Sorry, but Bill Clinton was never my “boy”. But it’s pretty clear DJT is “your boy”. So much so that you will probably vote for him even if he is a convicted felon. Now that is real loyalty! As to Hillary, how do you know she is on the list? Did Judge Preska share the list with you in advance? When the list is released and her name is not on it you will owe Hillary an apology. And you will have to explain to everyone on this blog how you could get it so wrong–once again!
When are you going to apologize for all the garbage you’ve gotten wrong Dennis? Go see the Wall of Shame aka The Lefty Turd Farm if you don’t recall.
Here’s one…
How about when you said the R’s weren’t gonna get the impeachment inquiry vote and that Doo-Rag Raskin had it all under control? LMAO he couldn’t even convince Buck! Remember the one you said was a no?
Where is the apology?
At last count, only Svelaz gets it wrong more than you.
How about an apology for “AR-15’s ruin the meat”? Or do you still believe that one? Even if it was from your imaginary friend, you ignorantly posted it. Where’s the apology?
How about “the ideal athlete is 6’2” and 175#? Aaron Donald (6’1, 280#) is waiting for his apology.
How about your implication that fat guys can’t play golf? John Daly and Craig Stadler are waiting for their apologies.
Demanding an apology??? You spew more crap than the aerator at a sewage treatment plant. This is what a teeny tiny person you are Dennis, and why you are universally despised. Narcissistically, you think its because you are clever and your comments cut. They don’t, and you’re not, because you spent any bona fides you had years ago. You’re just considered an unserious sack of lamentations.
^^^^Most of what you write is true of you, not him. However, neither of you is universally despised.
Your comment is greatly appreciated and taken with all the alacrity and solemnity it deserves. And since it is bereft of any supporting authentication, as we’ve come to expect from turd layers such as yourself, kindly kma.
Would you like to make Dennis’ apologies for him as well?
KYOA, you seem to have experience doing that.
So clever, little anonymous one…
DJT has nothing to worry about as long as he knew nothing of the sex trafficking charges or even accusations involving Epstein. Even in this day, guilt by association does not stretch that far. You’ll need to move on to something else.
Edwardmahl: In 2002 said this about Epstein: “He’s a lot of fun. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side”. In 2019, the day after Epstein was arraigned the second time on charges of sexual abuse of minors, DJT suddenly switched and said “I was not a fan of his”. Seems DJT enjoyed the company of Epstein and his coterie of “younger women” when he might have been a beneficiary of Eptsein’s largesse. Until it was inconvenient. A habit DJT has when he gets caught with his hand in the cookie jar–so to speak. It will be “guilt by association” if DJT’s name is on the list!
I would look for Dennis the pedophile’s name, but we all know his proclivity is for little boys. Even Eps wasn’t that low.
Is there something wrong with young women? Not that I’ve noticed. To go from young women to teen-age girls is a quantum leap.
Quantum leaps are Denny’s favorite past time.
The only think he likes more is little boys.
The Giuffre list is NOT the significant list. There are many people named in the Giuffre lawsuit that have tenuous or casual ties to Epstein.
Derschowitz as an example is one of those.
More important would be the realease of Maxwell’s little black book of clients or of the travel manfests on Epsetien’s lolita express.
Some of the people you named are KNOW to have been close to Epstein, to be frequent fliers on the Lolita express.
Others are inconsequential.
Being named in conjunction with epstein is relatively meaningless. What is more important is precisely what each of these people did with respect to Epstein.
I expect that DJT may be on the list – it has been reported long ago that Trump attended atleast one party at epsteins home in NY.
Trump’s name being released would not be news.
Identifying Trump as a passenger on the Lolita Express would be more significant – and that is not likely – or we would have heard it already.
As Judge Preska noted – most of these names have been made public already.
This is BS.
It already exists.
Free clue… look at sporting section of toys.
(Golf, Soccer,football, basketball, hockey, bikes…. even fishing rods.)
All gender neutral.
Would love to see Kalifornia go after a store… would be funny.
-G
The issue is where those toys are located. Are they in a boys’ section, or are they just part of a toys’ section? If it’s the latter, the store is already in compliance.
I have never seen a ‘Boys’ or ‘girls’ section for toys. We have 6 grandkids so toy stores, toy aisles, are well trod territory for me.
If my store has a girl area, all are welcomed right?
Then the stores you go to are already in compliance.
Americans enjoy the freedom of speech, thought, opinion, discernment, discretion, perspective, acceptance, rejection, discrimination, etc.
Government has no power to regulate speech and thought in the land of the free and the home of the brave.
America was neither intended nor established to be the land of the enslaved and the home of the milquetoasts.
But it is.
At what point do Americans fully grasp and comprehend total constitutional American freedom under a severely limited and restricted government?
The Constitution was conceived and adopted for the free people, not the tyrannical and oppressive government.
Most absurd-seeming leftist pushes such as this one aren’t as absurd if you realize they are different facets of the same thing: an attack on the idea that that human beings are made in the image of God (elective abortion on demand is another example). The enemy of men’s souls primarily hates God and so he attacks what God loves, notably, humans and suggests things like gender neutrality, trans surgery (which he has given the clever euphemism “gender affirming care“), murder, slavery, and anything else that is destructive to human life and human flourishing.
There is no evidence that any gods exist.
Billions of people prove you wrong.
No, those people prove that many people BELIEVE in gods, not that any gods EXIST. It’s called “faith” for a reason — belief in the absence of knowledge.
Good post oldman! It will be lost on those with the worldview of a gnat.
To be true to the gender dysphoria malcontents and the industries cashing in on their mental illness, toy manufacturers should continue to sell their gender-specific toys, as well as a model that can be modified by the child/parent to fit their specific gender desires. So Barbie could have removable breasts. Ken could have Barbie’s breasts attached. GI Joe could come with pumps and a makeup kit. Imagine the possibilities. 😉
The people were provided maximal freedom by the Constitution.
Government, at all levels, was severely limited and restricted by the Constitution.
The communist (liberal, progressive, socialist, democrat, RINO, AINO) American welfare state is unconstitutional.
California cannot deny constitutional freedom, free enterprise and free markets.
California cannot regulate free enterprise and free markets.
Congress may regulate the “flow” of commerce among States to preclude bias and favor by one State over another.
California cannot deny the 5th Amendment right to private property, which provides only the owner the power to “claim and exercise” dominion.
California and Congress have no power to operate or participate in a commercial organization or regulate the design, engineering, manufacture, or marketing of the products of private free enterprise or industry.
Congress, States and local governments have no power to deny or regulate constitutional freedom and free enterprise, which may and should be self-regulated to protect the entities involved from insolvency engendered by litigation.
Karl Marx wrote the Communist Manifesto 59 years after the adoption of the Constitution because none of the principles of the Communist Manifesto were in the Constitution. Had the principles of the Communist Manifesto been in the Constitution, Karl Marx would have had no reason to write the Communist Manifesto. The principles of the Communist Manifesto were not in the Constitution then and the principles of the Communist Manifesto are not in the Constitution now.
The last time I went toy shopping at Target, I did not see any sign explicitly displaying a “boys” section or a “girls” section. Instead the toys were arranged by type similarity: Sports here, puzzles and board games on the side, construction toys there, and dolls over there etc. My observation (as a erstwhile boy, father, and grandfather) was that the boys, girls, and parents shopping are quite capable of figuring out what appeals to them and no legal theorist is going to direct them to any other purchase. I have known parents who refused to buy gun toys for their children but later realized that their boys were using finger pistols or sticks. In my opinion, trying to direct children’s choice of toys is a waste of time and taxpayers money.
The store you went to was already in compliance.
If gender-neutral shopping was so vitally important, that they needed to pass a law to protect the “rights” of some aggrieved subset of the population, then why does it leave unprotected those that shop at retailers with less than 500 employees?
You need to proofread this article. There are several words missing in sentences and the wrong word is used several times. I stopped reading after the second paragraph. This lack of attention to detail damages your credibility.
You needI need you to proofread this article.There. Now that your narcissism has been properly identified, next up is dealing with your OCD.
I can assure you that Jonathan Turley’s credibility continues to ascend. It certainly is not going to suffer damage from a “nobody” troll whose attention span is measured in TikTok seconds.
“I can assure you that Jonathan Turley’s credibility continues to ascend.”
LOL. How on earth are you determining the sample for this?
Jonathan: You are not only now pushing your new book but looking to “find an ideal plaintiff” to challenge California’s new “gender-neutral” toy law. The only thing missing in your column is an “ambulance chasing” ad: “If you feel your religious or other rights have been violated by California’s new law contact our lawyers at Jonathan Turley LLP, today”.
It’s apparent the motive for your column. On 12/7 the sleazy tabloid NY Post, owned by your employer Rupert Murdock, had an editorial entitled “The latest woke California insanity? A gender-neutral toy law”. The editorial, in fact absent language, claims: “The same progressive overclass now wants to ensure Xi’s Our Mermaid Astronaut Junior Science Kits get primo shelf placement before the thugs shovel them into garbage bags and run…courtesy of state legislators high on left narcissism”.
Mere coincidence that your column adds a legal twist to the views of Murdock’s and his attacks on progressive laws in California where he has a giant home and winery? No. It reflects a pattern. It must be part of your contract with Fox to echo the views of your employer. It looks like we will see a lot more of this next year. A sad reminder that even “constitutional scholars” can be bought and sold!
Pretty low, even for you.
Dennis is a daily sad reminder that every day little boys are bought and sold.
Dennis, the unconvicted pedophile.
You’re a daily sad reminder that under protection of anonymity, you’re a troll who’ll happily defame someone posting under his actual name.
LMAO Joseph Smith you kunt. Now what? You don’t want to see what I would do to him face to face.
Are you saying you know for certain that he is the Dennis McIntyre living in Rusk, Texas?
Dennis defames people here every day, both public figures and commenters. So STFU with that nonsense.
After you.
Best not to argue with a troll. They’ll try to drag you down to their level and will beat you with experience.
Yep
So you’ve tried to equate a legal scholar with the ambulance chasing crowd? Nice try. Not to mention the significant “reach” from the Murdoch winery to Turley’s bank account.
Dennis – so now Turley is echoing Murdoch, just like Trump is echoing Hitler. You must have a department at Media Matters that specializes in echoes.
I suggest Mattel makes an Obama doll, that’s certainly gender neutral!
With female genitals. Oh, and with white skin!
Don’t you know how to spell?
“Everything not forbidden is compulsory.” T.H. White, “The Once and Future King,” from the sign above the ant colony.
If stores aren’t already selling gender neutral toys (like PlayDoh and Legos), they misunderstand the nature of toys and capitalism.
Just another example of our state and federal politicians utter failure to address the real problems facing its citizens, i.e. 34 trillion debt exploding but at least 200 billion per month, an absolute invasion of undocumented migrants and many communities dealing with unchallenged crime. How is this legislation solving anything and Newsom is willing to sign this garbage!
Where is that red line government shall not cross?
I have never heard of an religion that prohibits stores from selling gender neutral children’s products. Also this does not ban gender specific items, just requires gender neutral options.
Yeah, that is what the world needs, gender neutral toys.
You mean like bikes?
Soccer, Volleyball, BasketBall, golf, baseball/softball/t-ball?
As someone pointed out… I don’t recall every seeing a boys/girls sections when it comes to toys.
I’d love to see Kalifornia go after someone.
“I don’t recall every seeing a boys/girls sections when it comes to toys. ”
Then those stores are already in compliance, since all the law does is require these stores to “maintain a gender neutral section or area, to be labeled at the discretion of the retailer, in which a reasonable selection of the items and toys for children that it sells shall be displayed, regardless of whether they have been traditionally marketed for either girls or for boys.”
Hmm… the retailer might label it “Toys.”
Sammy Metamucil, here with his pointless turd. Good boy, Sammy.
I have never heard of an religion that prohibits stores from selling gender neutral children’s products.
No one has. But there is a “religion” that requires by law the selling of gender-neutral children’s products. Leftism.
OLLY,
Well said.
As with any extremist religion, wokeism will become more and more intolerant of anything they cannot control. Their totalitarianism will become more and more obvious. The parallels to 1930s Germany, Mao’s Cultural Revolution and similar actions like Iran becomes more evident with each passing day.
The parallels to 1930s Germany, Mao’s Cultural Revolution and similar actions like Iran becomes more evident with each passing day.
Upstate, we saw during Covid how tyrants like Newsome and Whitmer did not follow their own mandates. Same goes for the tyrants pushing the radical left’s climate agenda. Jetting off to Davos, buying multi-million dollar coastal homes, luxury gas stoves, etc. These totalitarians don’t believe in any of the nonsense they’re pushing on the people. They’re not about to go looking for gender-neutral toys, etc. in stores to purchase for their gender-confused children and grandchildren. They are however going to look for non-compliance with their dictates to exert their power over those nasty corporations and ultimately the people.
OLLY,
I do believe in climate change. Case in point, where I am currently sitting was once covered by a 300ft thick glacier during the last Ice Age. There have been more than a few ice ages over the past several million of years.
Now, can humans adapt to the next climate change? Meh. Who knows.
But some of the facts you point out, like the elites crying about how us masses must lower our standard of living, eat bugs, EVs, etc. while they jet around, mansion homes on the coasts and restaurant grade gas stoves just goes to show how much of this is grift.
Upstate, I never questioned whether the climate changes. Obviously it does. My point was specific to the radical leftists climate agenda. I agree, it is a grift. But what really pumps their nads is the power and control they exert.
You clearly haven’t read the law. It does not require “the selling of gender-neutral children’s products.” It only requires that there be a gender neutral area with some of the toys that are sold in the store. The store is welcome to put both trucks and dolls there as long as they’re not labelled for boys or for girls. Boys are still free to say that they prefer trucks (if that’s what they prefer), and girls are still free to prefer dolls (if that’s what they prefer).
And if the store isn’t already selling gender neutral toys, then they’re fools who are likely losing money and customers by not selling popular neutral toys like PlayDoh, balls, and Legos.