The government itself sets a high bar for hate speech. Certainly higher than the offended would define it. People petitioning government to lower the bar is the slippery slope.
Many advocates of more than two genders being reality call a statement that there are only two hate speech. It is not imaginary. Bacon is a common aspect of memes to express disdain for Muslims. Is it hate speech? Some of the people doing it are truly expressing hate. Should it be forbidden? These are not imaginary and there are people who want the government to step in.