Hate Crimes. Senator Patrick Leahy (D-Vt.) attached an amendment to the Fiscal 2010 Defense Authorization bill (H.R. 1390) that would expand the federal hate-crimes law. Attaching such an amendment to a “must-pass” appropriations bill further ensured passage of the legislation by preventing nay votes from Senators who supported the annual appropriations bill. The expanded hate-crimes law would cover victims of crimes based on one’s sexual orientation, gender identity, or disability. (Current law covers crimes based on race, color, religion, or national origin.)

The Senate agreed to invoke cloture on the Leahy amendment (thus limiting debate so that the amendment itself could be voted on) on July 16, 2009 by a vote of 63-28 (Roll Call 233). The amendment was subsequently adopted by unanimous consent. We have assigned pluses to the nays because this legislation would further federalize the criminal code, as well as punish not only criminal acts but the thoughts behind them.

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http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111&session=1&vote=00233

View this vote roll call.