State AG's Warn Target Corp. About Consequences of Its Pride Campaign

Earlier this week, the Indiana Attorney General, joined by the Attorneys General of Arkansas, Idaho, Kentucky, Mississippi, Missouri and South Carolina sent a joint letter (full text) to the CEO of Target Corp. complaining about the company's promotion and sale of products supporting Pride month. The states' legal officers suggested that Target may have violated state child-protection and parental rights laws. It also suggests that Target has violated its duties to the states as shareholders of Target stock (presumably held in state pension funds).

The Supreme Court's website opinion is not the only thing government institutions have done to "celebrate" Pride Month 2023 in a negative fashion.*  There was a concern about Target, for instance.  

Target confirmed that it has moved its Pride merchandise from the front of the stores to the back in some Southern stores after confrontations and backlash from shoppers in those areas.

I like Target myself as far as such stores go.  I have a couple nearby.  And, I liked it more than Walmart, which I no longer have nearby anyhow.  Target didn't shine in the face of controversy, including "tuck friendly" (are we really concerned about this?) clothing.  But, they are a corporation trying to make money.  We should not expect them to shine too much. 

Major corporations are important given their power and influence. Customers should let them know when they do things wrong. They should support them when they do things right.  And, the government has the power and responsibility to regulate them.  They should not try to pressure them for illegitimate reasons.  I opened with such an attempt.  

Seven attorneys general (from Indiana, Arkansas, Idaho, Kentucky, Mississippi, Missouri, and South Carolina;** usual suspects) wrote a five-page letter.  The whole thing is both ridiculous and an abuse of power.

The state, to be clear, accused Target of possibly breaking laws in place to protect children. What are some of the things that would do this?  Selling, LGBT-themed onesies, and girls’ swimsuits with “tuck-friendly construction” and “extra crotch coverage” for male genitalia.  I directly quote from the letter.  The trans hate here is horrible. This is a threat to children's rights?  LGBT parents specifically have a reason to fear.

The letter, from seven state attorneys general, also alleged certain "anti-Christian" and "Satanist" designs were sold.  Yes.  The state should not send letters to corporations telling them it is problematic that among their products are those that are allegedly in opposition to certain religions. We have freedom of religion in this country.  Again, this is outrageous.

Target also supports GLSEN, an organization attempting to end discrimination, harassment, and bullying of LGBT school pupils.  The letter notes a 2020 GLSEN guide noted:

Students may not be ready for their parents or guardians to know about their gender identity or expression, or that they are expressing their affirmed gender at school. Before contacting the parent or guardian of a transgender or nonbinary student, school staff should clarify with the student whether to use their gender affirming name and the pronouns that correspond to their gender identity, or whether to use their legal name when corresponding with a parent/guardian

This is seen by the letter as a threat to parental rights. Let's go over all the materials major corporations support to see if there is anything that might be disagreeable to some segment of the population.  

The letter is concerned about a so-called "comprehensive effort to promote gender and sexual identity among children."  What about those who think that is a totally appropriate thing?  The phrasing is exaggerated.  But, what does that even mean?  Will a store that promotes some clothing for "tomboys" now be targeted (natch) for promoting gender fluidity?

The states apparently have money invested in Target in some fashion (Religion Clause Blog presumes state pension funds), including how their efforts here lead to opposition and threats to their stock price. A bit of a self-fulfilling prophecy.  Promotion of Pride Month and inclusion (among a bunch of stuff -- have these people seen the size of their stores?) GLBTQ+ products are allegedly a case of "isolating Target’s core customers."

Again, the level of hate here is significant.  We are told that "certain immutable precepts and principles must always endure so long as America is to remain free and prosperous."  What the hell does that mean?  Oh, I can imagine.  And, as is the case with such platitudes, I agree.  Who is liable not to?  It's a question of what they are though "immutable" still is a dubious term given the reality of change.  

This is a horrible letter, and even if you are not a big fan of some GLBTQ+ issues, you should be wary of it.  Do you really want your government to pressure private companies like this?  Ideological opposition to certain products, especially during a month that is nation-wide celebrated, is framed as proper use of state power.  It is being used to pressure companies, accusing them of breaking the law and harming children.

It's disgusting and a slam against basic human values. 

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* I tweeted that SCOTUS should have dropped the opinion in May or something and a couple trolls sneered about it not being a real month and how the Supreme Court doesn't work around such things. 

I just deleted the tweet.  Still, they did drop their famous opinion protecting schoolchildren from being compelled from saluting the flag on Flag Day.  They are not "obligated" to do this, obviously, it is a matter of discretion. 

Again, it was a troll.   

** I checked with a liberal-leaning South Carolina lawyer and got this take about the South Carolina Attorney General:

Wilson is an ignorant asshole.  his father was the ignorant asshole who yelled "you lie" at Pres Obama during the SOTU speech a few years ago.

More than a few at this point, but oh okay, yeah THAT guy.