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Last night the Senate voted to pass the Matthew Shepard Act. Via the AP:

The Senate has approved the most sweeping expansion of federal hate crimes protections since the original law was enacted after the assassination of Martin Luther King Jr.

The legislation broadens federal reach to protect those physically attacked because of their gender, sexual orientation, gender identity or a disability. Current law is limited to crimes motivated by race, ethnicity or religion.

The Senate approved the measure on a voice vote immediately after voting 63-28 to overcome Republican-led opposition to considering the measure an amendment to a defense spending bill. Sixty votes were needed to clear that procedural hurdle.

But, as an amendment, it is now tied to the Department of Defense Authorization bill that included funding for F-22s that Obama has vowed to veto:

Though the amendment garnered three votes more than necessary to reach cloture, the fate of the hate crimes measure is now partially linked to $1.75 billion in funding for F-22 fighter jets that is also included in the DOD legislation.

President Barack Obama and Secretary of Defense Robert Gates both oppose the F-22 program and a White House spokesperson said the president will not sign a DOD bill that continues to fund the program.

“The President has long supported the hate crimes bill and gave his personal commitment to Judy Shepard that we will enact an inclusive bill,” said Shin Inouye, referring to Shepard’s Oval Office visit with the president earlier this year. “Unfortunately, the President will have to veto the Defense Authorization bill if it includes wasteful spending for additional F-22s.”

But David Smith, vice president of the HRC, said, “We are very confident that the Matthew Shepard Hate Crimes Prevention Act is going to get to the president’s desk. There might be some bumps along the way but it will eventually get there.”