You can tie a whole hell of a lot of things to biologically immutable attributes. Are these hate speech?
- I don't like short men
- I like blondes
- We want to hire smart people
- man how can he/she be so dumb?
So now I can't say any of these things?
With this law in place, your (or anybody else's) stance on what constitutes hate speech or whether it's objective doesn't matter at all. What matters is who is in charge of defining and applying these policies, and you wouldn't have noticed how you'd become a criminal one day. Capisce?
Modern racism probably is focused much more on cultural attributes, perceived to be universal or common among certain people, than melanin level. That makes your test useless for the most obvious thing a hate speech law would seek to protect.