The Scottish law curiously catches so called transphobes.
This is all paradoxical in a muslim context, since trans is fine, but homosexual is not. The reality is homophobia has no legitimacy, but transphobia does. It is all about who can be harmed.
I think of public facing people like Julie Bindel, Kathleen Stock, Douglas Murray and Andrew Doyle. All same sex attracted, and all "transphobes" by designation of Trans activists. All are endangered by the first ministers law.
I think you should start to make reference to the Scots Law you are discussing.
https://www.legislation.gov.uk/asp/2021/14/section/4
Section 4 "(1)A person commits an offence if—
(a)the person—
(i)behaves in a manner that a reasonable person would consider to be threatening, abusive or insulting, or
(ii)communicates to another person material that a reasonable person would consider to be threatening, abusive or insulting, and
(b)either—
(i)in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or
(ii)a reasonable person would consider the behaviour or the communication of the material to be likely to result in hatred being stirred up against such a group."
There are two main parts, behaviour AND intent to stir up hatred/would reasonably cause hatred. It will be the courts that decide what is unreasonable behaviour and constitutes intent or is reasonably likely to cause. The courts will look at past case law to determine that.
It is worth noting that section does not include sex. That comes under Section 4(2),
"The characteristics are—
(a)age,
(b)disability,
(c)religion or, in the case of a social or cultural group, perceived religious affiliation,
(d)sexual orientation,
(e)transgender identity,
(f)variations in sex characteristics."
Why the act has been split and what consequences that will have are not yet clear.
What is happening at the moment is that opponents of the Act are predicting doom and gloom and lots of innocent people going to prison as free speech ends. What is more likely to happen is Scotland will continue as before, with reasonable behaviour and hate already defined by;
https://www.gov.scot/binaries/conte...df/00535892-pdf/govscot:document/00535892.pdf
S18 to 22 of the Public Order Act 1986
S96 of the Crime and Disorder Act 1998
S74 of the Criminal Justice (Scotland) Act 2003
S127 of the Communications Act 2003
Gender Recognition Act 2004
S2 of the Offences (Aggravation by Prejudice) (Scotland) Act 2009
Equality Act 2010
S38 of the Criminal Justice and Licensing (Scotland) Act 2010
and Human Rights legislation. That review of hate laws in Scotland states "...many parts of the current hate crime legislation work well..." and since the new law repeats the wording of past laws, it is hard to see how it will be radically different in its application.