A “hate crimes” measure pending before the Senate threatens to derail the Defense authorization bill, according to senior Republican staffers on Capitol Hill. The language of the amendment is so overbroad that “hate” is not even required.

Senate Majority Leader Harry Reid filed cloture on the amendment today and a vote is expected as early as Thursday. Republican sources are fearful it may already have the 60 votes needed to pass. That could prompt a veto threat from President Bush.

Former Attorney General Ed Meese, my colleague at The Heritage Foundation, explained why the “hate crimes” measure was unconstitutional:

Congress only has express constitutional jurisdiction over three crimes: treason, counterfeiting and piracy on the high seas. Because the federal government is one of limited and enumerated powers, Congress must find authority in other constitutional clauses to federalize particular crimes or such acts would violate federalism principles, the Tenth Amendment, or other structural limits in the Constitution.

The amendment would be yet another victory for Sen. Teddy Kennedy (D-Mass.). It includes “gender identity” as a protected class and even “perceived gender-related characteristics.” The original Kennedy language didn’t go that far.

The use of the term “perceived” in the amendment makes it difficult to say there is any “class” of individuals affected. Anybody could be a “hate crimes” victim depending what a judge concludes was “perceived” at the time of the crime.

There is also a fear among religious groups that a member of their church may be subject to prosecution for stating a moral belief against homosexual behavior or expressing a religious tenet of that faith.

With the clock ticking before Thursday’s vote, Senate Republican leaders are reminding colleagues who may be wavering that the interpretation of the law would also be far different under the Bush Administration than it might under one led by Hillary Clinton.