I agree, it’s another of those things where “I’ll know it when I see it” and is forever measured by a rubber ruler at the whim of whomever wants to twist or contort it to their own ends. I don’t know what it would take to eliminate this but it should be.
If it is federal law, states can and should exercise their constitutional sovereignty and nullify and reject such law as unconstitutional and, therefore, unenforceable.
If it is state law, then the people of the state must rise up and move by initiative, prostitution, and/or election to have these unjust “hate-crime” laws struck down.