Would This Make Obesity a Disability?

The US Senate is now in the process of trying to pass Senate Bill 909 also known as the Matthew Shephard Hate Crimes Prevention Act. You can read the bill here, but the basic points I gleaned when reading it are as follows:

1. The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem. (emphasis mine)

2. At the request of State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that--is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws. (emphasis mine).

Now, I know this bill is basically aimed at providing funds to state and local jurisdictions who are investigating crimes committed based on the victim's sexual orientation. However, at the same time, it provides for crimes committed based on the victim's race, color, religion, national origin, gender, or disability. It also allows for crimes based on the offender's perception of the victim's race, color, religion, national origin, gender, sexual orientation, gender identity or diability.

What I am trying to get at here is that the disability does not even have to be legally defined as a disability, but can be a perceived disability. What constitutes a perceived disability? When the school bully beats up the obese kid on the playground would that be considered a hate crime according to this bill? Probably not. But, why not? When a fat person is abused simply because they are fat, why is that not considered wrong in our society? Why is it still acceptable in our society to discriminate against someone based on their size?