In response to my piece on Canadian gay marriage, Andrew Sullivan argues that the Canadian public actually favors same-sex marriage. I’ve seen different reports on this, some of which describe a slight majority in favor of gay marriage, and some of which say that the Canadian public is evenly split. But the larger point is that judges do not have a right to legislate by poll. The democratic process is the place for that. Were there a chance for a real democratic debate on the gay marriage issue, folks like myself would have a chance to make their case to the public that there are real and legitimate public policy concerns that tell in favor of retaining the current definition of marriage. That’s what democratic debate is all about. But with the media and the courts controlled by those who do not want such a debate to take place, a real decision by the public is rendered impossible. Fortunately, the Federal Marriage Amendment campaign in the United States will give us a chance for a genuine policy debate on this issue, however much the courts attempt to legislate behind the backs of the public.