Hild said he sees the trend as part of a broader pattern in the Environmental, Social and Governance (ESG) space, which has been criticized as an investment philosophy and as a way to push political preferences that critics argue are at odds with an asset manager’s fiduciary duty. 

“The question becomes, how do they suddenly inject a bunch of far left-wing politics into their investing? What they use to justify it is they say, ‘Well, things like net-zero targets are going to be put in place by 2050’ and ‘DEI requirements are going to be put in by law, so we’re just preparing these companies for the inevitable legal requirements,'” he said. “Then governments come along, and they say, ‘Look, the market’s already doing this, we’re just standardizing it or we’re just making it so that either investors or business people have clarity around what’s required.”

He explained that this environment has asset managers and governments claiming they aren’t pushing a social or political narrative as they are “ping-ponging between each other” over who is to blame for the “woke” policies. 

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“This is a perfect example of that, because you’ve got the state of California trying to undoubtedly use civil rights law as a justification for this,” he said. “They’re claiming, ‘Oh, this needs to be equitable for all children, non-binary or binary or whatever’ and then I guarantee you’re going to have asset managers and companies pushing ESG, start asking toy companies, ‘Well, are you prepared for this coming wave of requirements like California as this spreads throughout the country?’ That is how they’re going to work together to push this agenda across the country.”

Hild said there are many people who don’t take issue with non-binary options, which he said is fine “if it’s organic and what people actually want, but when it’s being forced on them, either by Wall Street actors like BlackRock… or by the government, they not only have a right, but a responsibility if they care about the free market to push back and say, ‘No, I find this offensive and I want it done away with.’” 

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