Krinocracy in America

Or rather, the absence therein:

Ending a day that cast a glaring national spotlight on Arizona, Gov. Jan Brewer, a Republican, vetoed a bill on Wednesday that would have given business owners the right to refuse service to gay men, lesbians and other people on religious grounds. Her action came amid mounting pressure from Arizona business leaders, who said the bill would be a financial disaster for the state and would harm its reputation. Prominent members of the Republican establishment, including Mitt Romney and Gov. Rick Scott of Florida, also sided with the bill’s opponents, who argued that the measure would have allowed people to use religion as a fig leaf for prejudice.

Not that we needed any additional confirmation that Mitt Romney was a social liberal and against the Constitutional right of free association, but this is just one more reason that conservatives were right to stay home rather than vote for the man. Meanwhile, a federal judge provides Texans with a good cause for revolution as he tries to overthrow the Texas State Constitution:

A federal judge in Texas struck down the state’s ban on same-sex marriage on Wednesday, ruling that the laws restricting marriage to a man and a woman violated the United States Constitution and handing gay-rights advocates a major legal victory in one of the nation’s biggest and most conservative states.

The judge wrote that the amendment to the state Constitution that Texas voters approved in 2005 defining marriage as between a man and a woman — and two similar laws passed in 1997 and 2003 — denied gay couples the right to marry and demeaned their dignity “for no legitimate reason.”

“Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution,” wrote Judge Orlando L. Garcia of United States District Court for the Western District of Texas, in San Antonio.

As I said years ago, the DOMA people were right. Without writing the defense of marriage directly into the Constitution and thereby making it definitionally Constitutional, the wicked judges of the land would simply overturn any law, any vote, and, apparently, even the Constitution of a Sovereign State. We don’t live in a democracy or a nomocracy or even a Constitutional Republic, we live in a krinocracy where judges rule and freely legislate from the bench with about as much legal coherence and legitimacy as freestyling rappers.

What is interesting isn’t that the terminally aggressive lavender lobby is insanely overstepping its bounds, ensuring a vicious and well-merited swing of the pendulum, but rather the way it has educated foreign governments to realize that they dare not give their homosexual communities an inch, lest they immediately seize a mile.

I strongly suspect the recent political gains for gays in the United States are directly linked to the recently expanded criminalization of gays in India, Nigeria, and Uganda. And the foreign response is not only sensible, but advisable. I’m a “leave everybody alone” libertarian with no particular animus towards gays myself, but it is obviously preferable to see an increasingly obnoxious minority locked up and forcibly closeted than see both democracy and the freedom of association completely destroyed and thereby immanentizing the societal eschaton.

Actions always have consequences. We know that civil society can survive the mild societal oppression of gays, (and in the USA, it was mild by every historical standard). We do not know, and in fact, we have good cause to believe otherwise, that it can and will survive the intense suppression of democracy and free association by krinocracy that we are presently observing.