“Some states define a hate crime as any crime based on a belief regarding the victim's race, religion, color, disability, sexual orientation, national origin, or ancestry.”

https://legal-dictionary.thefreedictionary.com/hate+crime

There’s no actual “victim” here so this is unlikely to hold up in court. Charging these poor people and ruining their lives until it’s over is a purely political move. Very sad, but hopefully will result in a new precedent at the Supreme Court.