It appears that Ginsburg was first
accusedof wanting to lower the age of consent to 12 shortly before she was confirmed to the Supreme Court in 1993. This accusation reemerged in 2005 after John Roberts was nominated. Both Senator
Lindsey Grahamand Fox News host
Sean Hannity, for instance, used this line to argue that Ginsburg was “very left-wing” and immoral:
HANNITY: I guess where I am on this, if you look at Ruth Bader Ginsburg, I mean, she — the Ginsburg rule, she doesn’t have to answer specific questions, clearly pro-choice going in, thinks there may even be a constitutional right to polygamy, has a controversial view we should lower the age of consent to 12, supports legalized prostitution, very left-wing.
GRAHAM: Well, there are all kind of hearts. There are bleeding hearts and there are hard hearts. And if I wanted to judge Justice Ginsburg on her heart, I might take a hard-hearted view of her and say she’s a bleeding heart. She represents the ACLU. She wants the age of consent to be 12. She believes there’s a constitutional right to prostitution. What kind of heart is that?
However, Ginsburg never actually said that the age of consent should be lowered to 12.
Ginsburg’s report was about changing gendered language, not the age of consent, in our existing laws. In the quoted passage, she was not arguing for or against lowering the age of consent; rather,
she was quoting a proposed Senate bill as an example of how appropriate gender-neutral pronouns should be used. Ginsburg wrote that she used this bill because it “conform(ed) to the equality principle,” not because she agreed with the presented age of consent.
Furthermore, Ginsburg mentioned another section of the penal code a few paragraphs earlier which referenced a different age of consent: 16. In both cases, Ginsburg’s focus was on the gender of the victim, rather than the age, as her report was specifically concerned with gendered-language in U.S. law