The Senate sent legislation to the White House today that would protect people who are attacked because of their sexual orientation, gender or disability.
The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act was part of the defense authorization bill that passed the Senate by a 68-29 vote. The House approved the defense bill Oct. 8 by a 281-146 vote. President Obama is expected to sign the bill into law.
The hate crimes legislation makes the most significant changes to federal hate crimes law since the approval of a 1968 bill that covered crimes carried out on the basis of religion, race, color or national origin.
Backers of the legislation have tried to attach it to the annual defense authorization bill since 1999, but it was always removed before a final vote on the defense legislation. Attorney General Eric Holder said it was “one of [his] highest personal priorities” to help usher the hate crimes legislation through Congress.
“The action by Congress today to pass this vital legislation is a milestone in helping protect Americans from the most heinous bias-motivated violence,” Holder said in a statement. “Hate crimes victimize not just individuals, but entire communities. Perpetrators of hate crimes seek to deny the humanity that we all share, regardless of the color of our skin, the God to whom we pray, or whom we love.”
Several Republicans said they voted against the overall defense bill because of the hate crimes provision, which was added as an amendment in July by Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.)
Sen. Lamar Alexander (R-Tenn.), who voted nay, said the legislation went “too far.”
“I voted against the Defense bill because the Democratic majority attached something which has nothing to do with defense: an expansion of hate crimes rules,” Alexander said in a statement.
The legislation is named after two victims of hate crimes. In 1998, Shepard, who was gay, was tortured and murdered Wyoming. Byrd, who was black, was killed in 1998 by two white supremacists who tied him up to a truck and dragged him down a road in Texas.
Here’s the roll call vote on the defense authorization bill that included the hate crimes legislation:
| YEAs —68 | ||
| Akaka (D-HI) Baucus (D-MT) Bayh (D-IN) Begich (D-AK) Bennet (D-CO) Bingaman (D-NM) Bond (R-MO) Boxer (D-CA) Brown (D-OH) Burris (D-IL) Cantwell (D-WA) Cardin (D-MD) Carper (D-DE) Casey (D-PA) Collins (R-ME) Conrad (D-ND) Cornyn (R-TX) Dodd (D-CT) Dorgan (D-ND) Durbin (D-IL) Ensign (R-NV) Feinstein (D-CA) Franken (D-MN) |
Gillibrand (D-NY) Gregg (R-NH) Hagan (D-NC) Harkin (D-IA) Hutchison (R-TX) Inouye (D-HI) Johnson (D-SD) Kaufman (D-DE) Kerry (D-MA) Kirk (D-MA) Klobuchar (D-MN) Kohl (D-WI) Landrieu (D-LA) Lautenberg (D-NJ) Leahy (D-VT) Levin (D-MI) Lieberman (ID-CT) Lincoln (D-AR) Lugar (R-IN) McCain (R-AZ) McCaskill (D-MO) Menendez (D-NJ) Merkley (D-OR) |
Mikulski (D-MD) Murray (D-WA) Nelson (D-FL) Nelson (D-NE) Pryor (D-AR) Reed (D-RI) Reid (D-NV) Rockefeller (D-WV) Sanders (I-VT) Schumer (D-NY) Shaheen (D-NH) Snowe (R-ME) Specter (D-PA) Stabenow (D-MI) Tester (D-MT) Udall (D-CO) Udall (D-NM) Voinovich (R-OH) Warner (D-VA) Webb (D-VA) Whitehouse (D-RI) Wyden (D-OR) |
| NAYs —29 | ||
| Alexander (R-TN) Barrasso (R-WY) Bennett (R-UT) Brownback (R-KS) Bunning (R-KY) Burr (R-NC) Chambliss (R-GA) Coburn (R-OK) Cochran (R-MS) Corker (R-TN) |
Crapo (R-ID) DeMint (R-SC) Enzi (R-WY) Feingold (D-WI) Graham (R-SC) Grassley (R-IA) Inhofe (R-OK) Isakson (R-GA) Johanns (R-NE) Kyl (R-AZ) |
LeMieux (R-FL) McConnell (R-KY) Risch (R-ID) Roberts (R-KS) Sessions (R-AL) Shelby (R-AL) Thune (R-SD) Vitter (R-LA) Wicker (R-MS) |
| Not Voting – 3 | ||
| Byrd (D-WV) | Hatch (R-UT) | Murkowski (R-AK) |




