Swiss Man Begins 10-Day Prison Sentence Over Gender Identity Remarks

Emanuel Brünisholz, a wind instrument repairman from Burgdorf, Switzerland, is set to begin a ten-day prison sentence on December 2, 2025. The incarceration stems from his refusal to pay a 500 Swiss franc fine imposed for a social media post he made in 2022, which authorities deemed to violate Switzerland's anti-discrimination laws concerning "sexual identities."

Brünisholz's original Facebook comment asserted:

"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." He stated in the tweet that he found it "a fantasy divorced from reason" to imagine finding anything other than male or female skeletons.

The conviction was made under Article 261bis of the Swiss Criminal Code, a provision extended in 2020 to include "sexual identities" alongside race and religion. Critics of the ruling, including commentators cited in web searches, argue that the judge conflated gender identity terms like "transgender" and "queer" with sexual orientation to apply the law, as Swiss hate-speech legislation covers sexual orientation but not explicitly gender identity.

Brünisholz chose to serve the prison sentence instead of paying the fine, viewing it as a stand against what he calls "the absurdity and authoritarianism of the trans ideology." He explicitly stated:

"I am fully prepared to go to prison, if that is what it takes to expose the absurdity and authoritarianism of the trans ideology that has now taken root in Switzerland." He further criticized the LGBTQ+ movement, describing it as behaving "like a zealous sect" and accusing activists of exploiting "ordinary LGB people for political ends."

The case has ignited debate across Switzerland and beyond regarding freedom of speech and the interpretation of anti-discrimination laws. Observers note the unusual nature of a prison sentence for a social media post, even if it's an alternative to a fine, highlighting concerns about censorship and the boundaries of expression in public discourse.