Actual text of bill here: http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.1913:.
I don't see ministers railing about the sin of homosexuality being prosecuted for conspiracy here, despite the concerns of the "Traditional Values Coalition" (follow the "for more information" link via the OP).
Section 10 reads:
- Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or free exercise clauses of, the First Amendment to the Constitution.
I do object to spending $10 million in 2 years to prosecute conduct which is already illegal and subject to prosecution. Also, I don't see how the motive for a crime is or ought to be an automatically aggravating circumstance. If robbing a bank to feed your kids is no less serious than robbing one to feed your crack habit, then killing someone from racial hatred shouldn't be more serious than killing them over any other form of hatred. It violates the spirit of "equal protection" as I see it. JMO.
The suppositions about the nature of such persecution offered in justification of this are silly as well, as is the invocation of the commerce clause.