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Throwing the book at people is nothing new, but in our post-9/11 world the screws are tightening. Take San Francisco, whose District Attorney is Terence "Kayo" Hallinan, a progressive fellow. Indeed, in his 2000 re-election bid Hallinan survived years of abuse in the San Francisco Chronicle for supposedly being altogether too slack a prosecutor, with poor conviction rates and kindred offenses betokening softness on crime.

Yet this is the same Hallinan who's hit two gay AIDS activists with an escalating barrage of charges, currently amounting to forty-one alleged felonies and misdemeanors, all adding up to what he has stigmatized in the local press as "terrorism." That's a trigger word these days, as Sarah Jane Olson, a k a Kathleen Soliah, recently discovered when a judge put her away for twenty years to life for actions back in the 1970s.

Held in San Francisco County Jail since last November 28 are Michael Petrelis and David Pasquarelli. Neither man has been able to make bail, which Hallinan successfully requested to be set at $500,000 for Petrelis and $600,000 for Pasquarelli.

Why this astonishing bail? What it boils down to is that the two accused are dissidents notorious for raising all kinds of inconvenient, sometimes obscene hell about AIDS issues. They've long been detested by San Francisco's AIDS establishment, which Petrelis in particular has savaged as being disfigured by overpaid executives, ineffective HIV-prevention campaigns and all-round complacency and sloth.

They've taken kooky positions. Pasquarelli, for example, believes that HIV doesn't cause AIDS. Petrelis hasn't scrupled to form alliances with right-wingers in Congress when it suits his tactical book. Being attacked by them can be an unpleasant experience. Who wants to get phoned in the middle of the night and be asked whether your wife has got your syphilitic dick in her mouth?

The two were thrown in jail because of an escalating campaign they launched late last year amid calls for an expansion of quarantining laws across the country, prompted by fears of bioterrorism. Petrelis and Pasquarelli took after an SF public health official, Jeffrey Klausner, for seeming to endorse quarantining of people with AIDS. They also assailed the media, notably the San Francisco Chronicle, for relaying what the two claimed were inflated statistics about increases in the rates of syphilis and HIV in San Francisco. The higher the stats, the more dollars flow to various AIDS bureaucracies. The Chronicle claimed tremulously that not only had its reporters been showered with filthy nocturnal calls to their homes but that there had been a bomb threat against the paper.

On the basis of what has surfaced so far, the charges and bail are way out of kilter with the facts of the case. Their severity defies logical explanation, unless we acknowledge the loathing Petrelis and Pasquarelli inspire in San Francisco's respectable element and among some well-known organizers.

Take Kate Sorensen, an AIDS activist who herself was held on $1 million bail for leading demonstrations outside the 2000 Republican convention in Philadelphia. The DA there took her to trial on three felonies, though she was only convicted of a misdemeanor. Such experiences have not evoked any solidarity with the San Francisco pair. Wrote Sorensen recently, "I will fight for our right to demonstrate. I will fight for our right to free speech. I will fight this police state, but I will not fight for you."

This self-righteous stance was elicited by an open letter of concern addressing the prosecution of Petrelis and Pasquarelli. Organized by the radical gay civil libertarian Bill Dobbs of Queer Watch, the open letter (go to www.openletteronline.com and look under "Politics & Activism," then "Petrelis-Pasquarelli") has been signed by hundreds, including many well-known gay figures like Harvey Fierstein, Scott Tucker, Barbara Smith and Judy Greenspan. The letter questions the motivation for the charges and makes the scarcely extremist demand that the two get fair legal treatment and reasonable bail.

Moderate though the terms of the letter are, it has aroused much fury from the San Francisco gay establishment, whose animus against Petrelis and Pasquarelli was what apparently prompted Hallinan to have the pair charged and arrested in the first place. On November 15 Martin Delaney of Project Inform, Mike Shriver of the mayor's office and fifteen others published a letter in the Bay Area Reporter urging people to pressure Hallinan, demanding "full prosecution of Pasquarelli, Petrelis and their collaborators."

Petrelis and Pasquarelli have a potent posse howling for their heads. "They fucked with the wrong people," said a health official quoted in the San Francisco Examiner on January 23. The "wrong people" include a broad swath of liberals and leftists in and out of government, the AIDS establishment and media figures.

Time was when a decent death threat used to be a badge of honor in the Fourth Estate. Jimmy Breslin recently recalled to Dobbs his glorious "Son of Sam" days, when violent threats were so routine at the New York Daily News that the paper's switchboard operator was wont to ask callers whether they were registering "general death threats" or "specific death threats for Mr. Breslin."

Granted, Chronicle editor Phil Bronstein is a terror survivor of "Attack by Lizard in the LA Zoo," and his wife, Sharon Stone, is the marquee celebrity for one of Petrelis's targets, the American Foundation for AIDS Research, but Bronstein should remember that Daily News phone operator and get off his high horse.

Hallinan's got a radical past and even radical pretensions. He knows as well as anyone that conspiracy charges have long been used to smash protest. And he knows as well as anyone that militant protest is at the cutting edge of social conscience. It's easy to grandstand about the foul tactics, the obscenities, the all-round vulgarity of Pasquarelli and Petrelis, but should this add up to a demand that they be thrown into prison for years? Of course it shouldn't. Judge Parker Meeks Jr. should resist the entreaties of the posse and cut the preposterous bail drastically or release them on their own recognizance. Hallinan should get his sense of perspective back, and drop the drastic charges.

With the "family cap," the state says to welfare moms: no more babies!

What would the government have to do to convince you to get married when you otherwise wouldn't? More than pay you $80 a month, I'll bet, the amount Wisconsin's much-ballyhooed "Bridefare" pilot program offered unwed teen welfare mothers beginning in the early nineties, which is perhaps why then-Governor Tommy Thompson, now Health and Human Services Secretary, was uninterested in having it properly evaluated and why you don't hear much about Bridefare today. OK, how about $100 a month? That's what West Virginia is currently offering to add to a couple's welfare benefits if they wed. But even though the state has simultaneously cut by 25 percent the checks of recipients living with adults to whom they are not married (including, in some cases, their own grown children, if you can believe that!), results have been modest: Only around 1,600 couples have applied for the bonus and presumably some of these would have married anyway. With the state's welfare budget expected to show a $90 million shortfall by 2003, the marriage bonus is likely to be quietly abolished.

Although welfare reform was sold to the public as promoting work, the Personal Responsibility and Work Opportunity Reconciliation Act of l996 actually opens with the declaration that "marriage is the foundation of a successful society." According to Charles Murray, Robert Rector and other right-wing ideologues, welfare enabled poor women to rely on the state instead of husbands; forcing them off the dole and into the rigors of low-wage employment would push them into marriage, restore "the family" and lift children out of poverty. That was always a silly idea. For one thing, as any single woman could have told them, it wrongly assumed that whether a woman married was only up to her; for another, it has been well documented that the men available to poor women are also poor and often (like the women) have other problems as well: In one study, 30 percent of poor single fathers were unemployed in the week before the survey and almost 40 percent had been incarcerated; drugs, drink, violence, poor health and bad attitudes were not uncommon. Would Murray want his daughter to marry a guy with even one of those strikes against him? Not surprisingly, there has been no upsurge of marriage among former welfare recipients since 1996. Of all births, the proportion that are to unwed mothers has stayed roughly where it was, at 33 percent.

Since the stick of work and the carrot of cash have both proved ineffective in herding women to the altar, family values conservatives are calling for more lectures. Marriage promotion will be a hot item when welfare reform comes up for reauthorization later this year. At the federal level conservatives are calling for 10 percent of all TANF money to be set aside for promoting marriage; Utah, Arizona and Oklahoma have already raided TANF to fund such ventures as a "healthy marriage" handbook for couples seeking a marriage license. And it's not just Republicans: Senator Joe Lieberman and Representative Ben Cardin, the ranking Democrat on the House Ways and Means Committee, are also interested in funding "family formation." In place of cash bonuses to individuals, which at least put money in the pockets of poor people, look for massive funding of faith-based marriage preparation courses (and never you mind that pesky separation of church and state), for fatherhood intervention programs, classes to instruct poor single moms in the benefits of marriage (as if they didn't know!), for self-help groups like Marriage Savers, abstinence education for kids and grownups alike and, of course, ingenious pilot projects by the dozen. There's even been a proposal to endow pro-marriage professorships at state universities--and don't forget millions of dollars for evaluation, follow-up, filing and forgetting.

There's nothing wrong with programs that aim to raise people's marital IQ--I love that journalistic evergreen about the engaged couple who take a quiz in order to qualify for a church wedding and call it off when they discover he wants seven kids and she wants to live in a tree. But remember when it was conservatives who argued against social engineering and micromanaging people's private lives and "throwing money at the problem"?

Domestic violence experts have warned that poor women may find themselves pushed into marrying their abusers and staying with them--in a disturbing bit of Senate testimony, Mike McManus of Marriage Savers said domestic violence could usually be overcome with faith-based help. Is that the message women in danger should be getting? But there are even larger issues: Marriage is a deeply personal, intimate matter, involving our most private, barely articulated selves. Why should the government try to maneuver reluctant women into dubious choices just because they are poor? Even as a meal ticket wedlock is no panacea--that marriage is a cure for poverty is only true if you marry someone who isn't poor, who will share his income with you and your children, who won't divorce you later and leave you worse off than ever. The relation between poverty and marriage is virtually the opposite of what pro-marriage ideologues claim: It isn't that getting married gives feckless poor people middle-class values and stability, it's that stable middle-class people are the ones who can "afford" to be married. However marriage functioned a half-century ago, today it is a class marker. Instead of marketing marriage as a poverty program, how much better to invest in poor women--and poor men--as human beings in their own right: with education, training for high-paying jobs, housing, mental health services, really good childcare for their kids. Every TANF dollar spent on marital propaganda means a dollar less for programs that really help people.

The very fact that welfare reformers are reduced to bribing, cajoling and guilt-tripping people into marriage should tell us something. Or have they just not hit on the right incentive? As a divorced single mother, I've given some thought to what it would take for me to marry against my own inclination in order to make America great again. Here's my offer: If the government brings Otis Redding back to life and books him to sing at my wedding, I will marry the Devil himself. And if the Devil is unavailable, my ex-husband says he's ready.

What's next for Ms. magazine now that it's hit the ripe age of 30 and is now heading west?

Once confined to the closet, gays are now making headway in mainstream society.

Will women be included in the debate on Afghanistan's future?

Transgender activists may force us to rethink basic assumptions about sex.

Laura Bush might put on a good face for women's rights in Afghanistan, but her husband's handwork works against women in other places.

The inclusion of women in peace negotiations would go a long way toward addressing their exploitation and abuse in war-torn areas.

Are there any people
on earth more wretched than the women of Afghanistan? As if poverty,
hunger, disease, drought, ruined cities and a huge refugee crisis
weren't bad enough, under Taliban rule they can't work, they can't go
to school, they have virtually no healthcare, they can't leave their
houses without a male escort, they are beaten in the streets if they
lift the mandatory burqa even to relieve a coughing fit. The
Taliban's crazier requirements have some of the obsessive
particularity of the Nazis' statutes against the Jews: no high heels
(that lust-inducing click-click!), no white socks (white is the color
of the flag), windows must be painted over so that no male passerby
can see the dreaded female form lurking in the house. (This
particular stricture, combined with the burqa, has led to an outbreak
of osteomalacia, a bone disease caused by malnutrition and lack of
sunlight.)

Until September 11, this situation received only
modest attention in the West--much less than the destruction of the
giant Buddha statues of Bamiyan. The "left" is often accused of
"moral relativism" and a "postmodern" unwillingness to judge, but the
notion that the plight of Afghan women is a matter of culture and
tradition, and not for Westerners to judge, was widespread across the
political spectrum.

Now, finally, the world is paying
attention to the Taliban, whose days may indeed be numbered now that
their foreign supporters--Saudi Arabia, the United Arab Emirates,
Pakistan--are backing off. The connections between religious
fanaticism and the suppression of women are plain to see (and not
just applicable to Islam--show me a major religion in which the
inferiority of women, and God's wish to place them and their
dangerous polluting sexuality under male control, is not a central
original theme). So is the connection of both with terrorism, war and
atrocity. It's no accident that so many of the young men who are foot
soldiers of Islamic fundamentalism are reared in womanless religious
schools, or that Osama bin Laden's recruiting video features bikinied
Western women as symbols of the enemy.

But if
fundamentalism requires the suppression of women, offering desperate,
futureless men the psychological and practical satisfaction of
instant superiority to half the human race, the emancipation of women
could be the key to overcoming it. Where women have education,
healthcare and personal rights, where they have social and political
and economic power--where they can choose what to wear, whom to
marry, how to live--there's a powerful constituency for secularism,
democracy and human rights: What educated mother engaged in public
life would want her daughter to be an illiterate baby machine
confined to the four walls of her husband's house with no one to talk
to but his other wives?

Women's rights are crucial for
everything the West supposedly cares about: infant mortality (one in
four Afghan children dies before age 5), political democracy,
personal freedom, equality under the law--not to mention its own
security. But where are the women in the discussion of Afghanistan,
the Middle East, the rest of the Muslim world? We don't hear much
about how policy decisions will affect women, or what they want. Men
have the guns and the governments. Who asks the women of Saudi
Arabia, our ally, how they feel about the Taliban-like restrictions
on their freedom? In the case of Afghanistan, the Northern
Alliance presents itself now to the West as women's friend. A story
in the New York Times marveled at the very limited permission
given to women in NA-held territory to study and work and wear a less
restrictive covering than the burqa. Brushed aside was the fact that
many warlords of the Northern Alliance are themselves religious
fighters who not only restricted women considerably when they held
power from 1992 to '96 but plunged the country into civil war,
compiling a record of ethnically motivated mass murder, rape and
other atrocities and leaving the population so exhausted that the
Taliban's promise of law and order came as a relief. It's all
documented on the Human Rights Watch website
(www.hrw.org).

Now more than ever, the Revolutionary
Association of the Women of Afghanistan (RAWA), which opposes both
the Taliban and the Northern Alliance as violent, lawless,
misogynistic and antidemocratic, deserves attention and support.
"What Afghanistan needs is not more war," Tahmeena Faryel, a RAWA
representative currently visiting the United States, told me, but
massive amounts of humanitarian aid and the disarming of both the
Taliban and the Northern Alliance, followed by democratic elections.
"We don't need another religious government," she said. "We've had
that!" The women of RAWA are a different model of heroism than a
warlord with a Kalashnikov: In Afghanistan, they risk their lives by
running secret schools for girls, delivering medical aid, documenting
and filming Taliban atrocities. In Pakistan, they demonstrate against
fundamentalism in the "Talibanized" cities of Peshawar and Quetta.
Much as the victims of the WTC attack need our support, so too do
Afghans who are trying to bring reason and peace to their miserable
country. To make a donation to RAWA, see www.rawa.org.

* * *

I got more negative comment on my
last column, in which I described a discussion with my daughter about
whether to fly an American flag in the wake of the WTC attack, than
on anything I've ever written. Many people pitied my commonsensical,
public-spirited child for being raised by an antisocial naysayer like
me. And if The Weekly Standard has its way--it's urging
readers to send young "Miss Pollitt" flags c/o The Nation--she
will soon have enough flags to redecorate her entire bedroom in red,
white and blue, without having to forgo a single Green Day CD to buy
one for herself. (See this issue's Letters column for some of the
mail on the flag question.)

Fortunately, for those who want
to hang something a bit more global out their window, there are
alternatives. The peace flag (www.peaceflags.org) reshapes Old
Glory's stars into the peace sign; the Earth flag (www.earthflag.net)
displays the Apollo photo of the Earth on a blue background.

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