Pentagon bends jet travel rule for gay lawmaker

by Frank James

Here's one from the all's-well-that-ends-well department. Politico has a story about Rep. Tammy Baldwin (D-Wis.,) the House's only open lesbian, getting to take her domestic partner on a congressional delegation trip to Europe last month that traveled by military jet. The Defense Department had first refused Baldwin's request.

As Politico reports:

Prior to the Easter recess, House Speaker Nancy Pelosi was forced to intervene with Defense Secretary Robert Gates in order to get Democratic Rep. Tammy Baldwin’s domestic partner on a military flight for a congressional fact-finding trip to Europe.

The speaker succeeded, but the issue continues to simmer for both sides. The Pentagon appears to be self-conscious about transporting gay domestic partners at a time when it continues to enforce a “don’t ask, don’t tell” policy in its own ranks. The speaker is sensitive to the gay rights issue but doesn’t want to be drawn into a situation where it appears she is dictating policy for the use of military planes.

Under House guidelines, members of Congress may take their spouses with them on military flights if there is room for them and when it is “necessary for protocol purposes.” Although Baldwin, the only openly gay woman elected to Congress, exchanged wedding vows with Lauren Azar in 1998, her home state of Wisconsin does not officially recognize same-sex marriages, and military officials were apparently unwilling to consider Azar a “spouse” within the meaning of the House guidelines.

In appealing to Gates, Pelosi aides said their boss was simply asking the defense secretary to follow a precedent established by her predecessor, former Republican Rep. Dennis Hastert of Illinois. Pelosi told Gates that Hastert had allowed Baldwin to take Azar on a previous trip abroad.

Gates, who was apparently unaware of any earlier trips, told the speaker that she was responsible for the House travel rules and had the authority to make an exception, according to officials on and off the Hill. His only requirement was that Pelosi send him a letter authorizing the trip. Pelosi sent such a letter moments after the phone call ended, and Azar was allowed on the plane.

This was certainly a good resolution for Baldwin and Azar. And apparently the Pentagon doesn't consider it a precedent because it wasn't its own but House rules it was following.

As Politico goes on to report:

The Pentagon and the speaker’s office remain divided over what the Gates-Pelosi agreement means for member travel abroad. Pelosi’s office awaits a follow-up letter from Gates laying out new criteria for the congressional use of military airplanes, while the Pentagon argues this was one instance in which the speaker waived her own rules to create an exception for an individual lawmaker.

“This is not an issue of DOD regulations,” said Pentagon press secretary Geoff Morrell. “Secretary Gates honored a request from Speaker Pelosi to make an exception to the House rules.

“But that’s really as far as it goes,” Morrell continued. “This should not be viewed as a precedent which would now permit all nonspouse travel. That said, Secretary Gates will, on a case-by-case basis, entertain the speaker’s future requests to make exceptions.”

Despite what Morrell says, it's not hard to see how in the future some unmarried heterosexual lawmaker with a live-in may view it as a precedent and request equal treatment. It will be interesting to see how the Pentagon deals with that.