Switzerland: Man Faces Jail Over ‘Transphobic’ Post

A man in Switzerland is facing 10 days in prison after refusing to pay a fine for an “offensive” social media post. Emanuel Brünisholz, a wind instrument repairman from Burgdorf, was convicted under anti-discrimination laws for making statement emphasizing skeletal evidence of binary sex.

Brünisholz’s ordeal began in December of 2022 when he responded to a Facebook post by Swiss National Council member Andreas Glarner. In his comment, Brünisholz wrote: “If you dig up LGBTQI people after 200 years, you’ll only find men and women based on their skeletons. Everything else is a mental illness promoted through the curriculum.”

The reply, which highlighted the immutable nature of biological sex and played on a popular meme, quickly drew complaints from activists who filed reports with local police, alleging it constituted public incitement to hatred under Article 261bis of the Swiss Criminal Code. This provision, originally enacted in 1995 to prohibit the dissemination of ideas based on race, ethnicity, or religion that degrade human dignity, was expanded in 2020 to include a broad interpretation of “sexual identities.”

Burgdorf Police interrogated Brünisholz on August 15, 2023, launching a formal investigation into charges of discrimination and hate speech. During the questioning, conducted by the Regional Police Command Mittelland – Emmental – Oberaargau and documented in an official transcript, Brünisholz was interrogated about the “intent” behind his Facebook reply.

To the question, “What did you mean by this comment?” he replied: “Well, that those who think there’s not just man and woman, I want to tell them that there’s only man and woman.” Later, when asked, “What do you think of the LGBTQI community?” he responded: “Nothing, absolutely nothing. It’s an extremist bunch. They want to silence me.”

The Bernese judiciary determined that “through his comment published on Facebook, [Brünisholz] has publicly belittled the group of LGBT(Q)I people based on their sexual orientation and in a way that violates human dignity.” He was issued a penal order fining him 500 Swiss francs (approximately $580 USD), convertible to 10 days of imprisonment if unpaid.

Brünisholz raised an objection against the criminal order, and the case ended up in the Regional Court of Emmental – Oberaargau for review. But on December 20, the Regional Court affirmed the guilty verdict against him, and imposed an additional fee of 600 Swiss francs.

Viewing the penalty as an infringement on his right to express a scientific fact, Brünisholz opted out of payment and accepted the jail term. On September 19, 2025, he publicly announced his impending incarceration.

“It’s happening. On December 2, I’m going to prison for 10 days!” Accompanying the post was an image of the official “summons to serve the sentence” from the Bernese Office of Justice Execution, confirming his transfer to a regional prison.

The ruling has ignited a firestorm on social media, with critics decrying it as a chilling example of “woke authoritarianism” infiltrating Swiss jurisprudence.

Daniel Stricker, a prominent commentator, highlighted the irony in a viral X post: “And the Swiss mainstream media whines about free speech restrictions in far-off America… Total silence on this case.”

Supporters of Brünisholz argue that the conviction ignores biological evidence, such as forensic anthropology studies showing sex dimorphism in skeletal remains, and instead prioritizes ideological conformity.

The timing has amplified the public concern surrounding the case. With Switzerland’s e-ID referendum looming in September 2025, aimed at modernizing digital verification amid privacy fears, the Brünisholz ruling fuels debates on state overreach, including how expanded hate speech laws might leverage digital surveillance. Critics warn that tools like e-ID could further enable monitoring of online speech, turning everyday citizens into targets, especially if “gender” protections pass without robust free speech safeguards.

Legal experts have weighed in, noting the selective enforcement of Article 261bis, which could intensify if the proposed expansion to “gender” is adopted. This effort, which has gained momentum since 2024 through six parliamentary initiatives led by the Social Democratic Party (SP), aims to address gaps in current protections by extending safeguards to transgender and non-binary individuals, a move that has sparked debate over its impact on free expression.

A National Council commission is now drafting the legislation and debating whether “gender” encompasses biological sex or self-decided gender identity, and how to balance it with free expression under Article 261bis. Advocacy groups like the Transgender Network Switzerland (TGNS) have pushed for explicit gender identity inclusion, aligning with ECRI and UN recommendations, while critics warn of overreach, a tension that directly impacts cases like Brünisholz’s where biological facts are at stake.

Brünisholz is just the latest individual to be prosecuted for “transphobic” social media posts in a troubling global trend.