Fun with the Law of Unintended Consequences

No less an authority than Andrew Sullivan favorite John Derbyshire has some questions on The Corner:

1. If "gay marriage" is legalized, will prisoners be able to marry their cell mates? If not, why not?

2. In many jurisdictions, a marriage can be annulled if it has not been consummated. What, exactly, constitutes "consummation" of a gay marriage?

The latter is important in light of the decision in NH (Opposed by gay groups in the name of "gay parity") that a married woman who had had a lesbian affair had not committed adultery.

Meanwhile another reader sent Derb this:

"Your comment about cell-mates marrying got me thinking. Under the traditional restrictions, a man cannot marry his daughter, or, a fortiori, his son, and so if he leaves them a very large inheritance, it is taxed, although what he leaves his wife is not taxed. But under a general license to 'marry' another man, a man could marry his son, and thus pass his property to the son tax-free.

"This is a loophole that would have to be closed, if estate taxes are going to continue, and the obvious way to close it would be to eliminate the special consideration given to inheritance by a spouse. This would be an unwelcome surprise to some propents of 'gay marriage.'

"On another front, what if two men who are partners in crime take the precaution of marrying, so that they can each be sure that the other one won't turn state's evidence at trial, should they be caught?

"Marriage, with the special privileges that have grown up around it, is a potential source of advantages to the unscrupulous. The remedy is going to be, I suppose, to reduce or eliminate the privileges. Having achieved marriage, the homosexuals may find that it isn't worth having any more..."