[LawTalkingGuy]

Scotland's problem is that mentioning a "protected characteristic" is enough to get you arrested if someone feels upset. The problem isn't the intent of the law but the incredibly low bar for injury and lack of sanctions for false and unreasonable reports letting the law itself be used for harassment.

I think I should be able to tell a joke "Two catholics and a jew ..." as long as it's not a veiled way to call for harm to anyone, and I don't think a joke about the sexes in a similar vein should be a problem.

But, if you physically attack a catholic because they're a catholic, or a woman because she's a woman, then that is a hate crime - where you're just looking for someone of a class you don't like to inflict punishment on. A sentencing modifier doesn't seem like a bad idea.