Swiss Man Sentenced to 10 Days in Jail Over Social Media Post on Biological Sex

A Swiss man, Emanuel Brünisholz, has been sentenced to 10 days in prison after refusing to pay a fine for a social media comment deemed to violate anti-discrimination laws. The wind instrument repairman from Burgdorf was convicted under Article 261bis of the Swiss Criminal Code for a Facebook post made in December 2022, in which he asserted that only male and female skeletons exist, dismissing other gender identities as "mental illness."

Brünisholz’s comment, made in response to a post by Swiss National Council member Andreas Glarner, stated: "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 Bernese judiciary found that this comment "publicly belittled the group of LGBT(Q)I people based on their sexual orientation and in a way that violates human dignity," according to a report by Reduxx.

Article 261bis, originally enacted to prohibit incitement to hatred based on race, ethnicity, or religion, was expanded in 2020 to include "sexual identities." Brünisholz was initially fined 500 Swiss francs (approximately $580 USD), which was convertible to 10 days of imprisonment if unpaid. He objected to this order, leading to a review by the Regional Court of Emmental – Oberaargau, which affirmed the guilty verdict and imposed an additional 600 Swiss franc fee.

Viewing the penalty as an infringement on his right to express a scientific fact, Brünisholz chose to serve the jail term rather than pay the fine. He publicly announced his impending incarceration for December 2, stating, "I stand by every word," as reported by Mario Nawfal on social media. This decision has ignited significant debate on social media, with critics labeling it an example of "woke authoritarianism" impacting Swiss jurisprudence.

The case has fueled discussions regarding free speech and the interpretation of Switzerland’s hate speech laws, particularly as the country approaches an e-ID referendum in September 2025. Critics warn that expanded hate speech laws, especially if "gender" protections are broadly interpreted, could lead to increased monitoring of online speech. Advocacy groups like Transgender Network Switzerland (TGNS) have pushed for explicit gender identity inclusion in these protections, creating tension with those concerned about free expression.