Here is the text of Senator Brownback's amendment (SA 1610) to the Hate Crimes Bill amendment (SA 1511) to the Department of Defense Appropriations Bill, S 1390.  This amendment passed 78-13.  This is a good amendment to an otherwise horrendous amendment:

   SA 1610. Mr. BROWNBACK submitted an amendment intended to be proposed to amendment SA 1511 proposed by Mr. Leahy (for himself, Ms. Collins, Mr. Kennedy, Ms. Snowe, Mr. Levin, Mrs. Feinstein, Mr. Schumer, Mr. Durbin, Mr. Cardin, Mr. Whitehouse, Ms. Klobuchar, Mr. Specter, Mr. Franken, Ms. Mikulski, Mr. Merkley, Mrs. Gillibrand, Mr. Menendez, Mrs. Shaheen, Mr. Kerry, Mr. Udall of Colorado, Mr. Dodd, Mr. Harkin, Mr. Wyden, Mr. Casey, Ms. Cantwell, Mr. Lautenberg, Mr. Lieberman, Mrs. Boxer, Mr. Brown, Mr. Akaka, Mr. Sanders, Mrs. Murray, Mr. Reed, Mr. Bingaman, Mr. Kaufman, Mr. Inouye, Ms. Stabenow, and Mr. Reid) to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:

    Strike page 16, line 24 through page 17, line 7 and insert the following:

   SEC. __X. CONSTRUCTION AND APPLICATION.

    Nothing in this division, or an amendment made by this division, shall be construed or applied in a manner that infringes on any rights under the first amendment to the Constitution of the United States, or substantially burdens any exercise of religion (regardless of whether compelled by, or central to, a system of religious belief), speech, expression, association, if such exercise of religion, speech, expression, or association was not intended to--

    (1) plan or prepare for an act of physical violence; or

    (2) incite an imminent act of physical violence against another.