CHARLESTON, W.Va. -- Legislation to make violence based on sexual orientation a federal crime is headed to President Obama's desk, with the support of West Virginia's U.S. lawmakers.

The U.S. Senate passed the Matthew Shepard Act on Thursday by a vote of 68-29, with Sen. Jay Rockefeller, D-W.Va., voting in favor of it. Sen. Robert C. Byrd, D-W.Va., did not vote. All three of West Virginia's representatives in the U.S. House voted for the measure earlier this month.

The legislation - named for a gay college student who was tortured and murdered in 1998 near Laramie, Wyo. - will expand existing federal hate-crimes protections to victims of violence based on gender, sexual orientation, gender identity and disability. Democrats had attached those provisions, which also increase penalties for such violence, to a $680 billion defense-spending bill.

The group Fairness West Virginia praised the lawmakers' votes.

"We're happy that they realize the importance of protecting all West Virginians, including LGBT West Virginians," said board member Adam Smith.

Fairness West Virginia members have been lobbying for the bill, said Smith, adding that the passage sends a clear signal that society doesn't accept violence based on sexual orientation.

"We would never say that violence based on religion is OK. Or that violence based on race is OK," he said. "So why is violence based on sexual orientation or homophobia OK?"

Although Byrd was absent for the Senate's final vote, spokesman Jesse Jacobs said Friday the senator supported the hate-crimes provisions of the defense bill. Byrd had earlier voted to invoke cloture, or end debate, on the measure so it could proceed to final passage.

When the U.S. House of Representatives took up the legislation earlier this month, Democrat Reps. Alan Mollohan and Nick Rahall voted for it, along with Republican Rep. Shelley Moore Capito.

Capito has opposed expanding hate-crime legislation in the past, but voted for it this time because it was attached to the defense bill, spokesman Jon Coffin said.

"This vote came down to supporting the troops in the field. So that's the genesis for her voting for this," Coffin said. "At the end of the day, this was a bill about supporting the troops."

He said Capito's previous opposition to expanding hate-crime laws was based on concern that it would create "special classes."

"Her concerns have always been: We should be prosecuting any violence to the fullest extent of the law," Coffin said. 

When the legislation takes effect, local investigators will be able to call on federal authorities for help in solving hate crimes based on sexual orientation and gender, Smith said.

"It gives local law-enforcement officials tools to solve these cases and help make sure the assailants are prosecuted," he said.

Obama has said he will sign the bill into law. Former President George W. Bush opposed expanding hate-crimes protections.

Smith added that Fairness West Virginia is pleased with many of Obama's actions on gay-rights issues so far - such as extending benefits to same-sex partners of federal workers and appointing gays and lesbians to positions in his administration.

"We're hoping this is one in a long list of accomplishments that will happen in the Obama administration," Smith said.

Reach Alison Knezevich at alis...@wvgazette.com or 304-348-1240.