By moving forward to adopt an amendment that would include sexual orientation in the definition of hate crimes, the Senate has sparked a debate on gay rights. Another contentious vote is expected for the Senate in July on the proposed amendment to the Constitution banning same-sex marriages.

The hate crimes amendment, sponsored by Edward M. Kennedy (D-Massachusetts), and Gordon H. Smith (R-Oregon), was easily adopted and added to a defense authorization bill. This amendment would expand the current law, which protects people attacked because of their race, ethnicity, or religion, to include assaults based on sexual orientation, gender or disability. If passed, this would be the first protection for gays and lesbians in federal civil rights law. However, the GOP leadership has successfully blocked all previous attempts to add this amendment, often waiting until conference to eliminate the provisions in question.

The proposed constitutional amendment (S J Res 30) would define marriage as “the union of a man and woman,” as well as bar judges from interpreting the Constitution in such a way as to allow same-sex couples to wed. Since it is unlikely that the vote will get the necessary two-thirds supermajority in both houses of Congress, the move is calculated to put Democrats on record regarding this controversial issue as the national conventions and elections approach.

Although presumptive Democratic presidential nominee John F. Kerry of Massachusetts is against gay marriage, he and most of his fellow Democrats, as well as some Republicans, oppose amending the constitution in order to ban it.

Republican leaders in the House are waiting to see the outcome in the Senate before moving forward with a similar resolution (H J Res 56).