After being added as a possible amendment to a military bill, legislation that would expand hate crimes to include violence based on sexual orientation, gender and gender identity lies in limbo in the Senate.

Sens. Ted Kennedy (D-Mass.) and Gordon Smith (R-Ore.) filed the Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act of 2007, S. 1105, as an amendment for consideration to the Department of Defense Authorization bill on July 11.

The Senate debated the bill July 17-18 but Senate Majority Leader Harry Reid (D-Nev.) withdrew it from consideration when the Levin-Reed Amendment, which would pull troops out of Iraq by next spring, did not receive the 60 votes needed to pass.

The bill is now on hold until after summer recess in September.

“We can use this delay to energize and mobilize our grassroots advocacy to strengthen support for hate crimes,” stated Allison Herwitt, legislative director for GLBT-advocacy group Human Rights Campaign in a press release. “HRC, along with coalition allies, continues to make sure that our voices are heard. We encourage everyone to keep up the momentum to make the upcoming vote as strong as possible.

“Our Congressional allies — including Senate leadership — remain committed to getting a vote on hate crimes this year. Sens. Kennedy and Smith continue to look for ways to advance this crucial legislation.”

The House passed H.R. 1592, an identical version of the bill, introduced by Rep. Jon Conyers (D-Mich.), in a 237-180 vote on May 3.

If passed, the hate-crimes bill (named after the college student who was fatally attacked in 1998 because of his sexual orientation) would expand the federal hate-crime categories to include violence against individuals based on gender, sexual orientation, gender identity or disability.

Current federal law applies hate crimes to acts of violence based on race, religion, color or national origin.

The bill would also strengthen state and local efforts by allowing the Justice Department to aid in hate-crime investigations and prosecutions. The bill would additionally provide $10 million in grants over the next two years to state and local governments to help cover the high costs involved in hate-crime investigations.