This has just happened, but by a vote of 60-39, the US Senate has just invoked cloture on the Kennedy-Smith Amendment adding sexual orientation to the federal hate crimes statute. The Amendment was adopted by voice vote shortly thereafter. Surprisingly, Senators Voinovich and Warner both joined with Democrats to help secure the necessary 60 votes to invoke cloture. Joining were also Senators Smith, Snowe, Collins, Gregg, Coleman, and Specter. (Thank you Lulu57)
Now that Democrats control both Houses, it is highly unlikely that the Amendment will be removed from the Defense Reauthorization in conference. Let's see how the red-staters respond now. Will President Bush veto his own defense appropriations bill simply to prevent American gays and lesbians from being lawfully protected?