Swiss Repairman Jailed for 'Transphobic' Facebook Post on Gender Biology

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Bern, Switzerland – October 24, 2025 – In a case sparking heated debate over free speech and anti-discrimination laws, 57-year-old Emanuel Brünisholz, a wind instrument repairman from Burgdorf in the canton of Bern, has chosen 10 days in prison over paying a 500 Swiss franc fine for a controversial Facebook comment made three years ago. The conviction, handed down by a Bern court, highlights Switzerland's strict stance on hate speech amid growing tensions around gender identity and online expression.

The saga began in late 2022 when Brünisholz posted a remark on social media challenging modern gender ideology. "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 wrote, emphasizing skeletal differences as evidence of binary biological sex. The statement, which prosecutors argued denigrated the LGBTQ+ community and violated human dignity, was reported to authorities shortly after. Burgdorf police interrogated Brünisholz on August 15, 2023, launching a formal investigation into charges of discrimination and incitement to hatred under Switzerland's Article 261bis of the Penal Code.

This law, expanded in recent years to protect against discrimination based on sexual orientation and gender identity, has been praised by advocates for deterring hate-fueled violence but criticized by free speech proponents as overly broad. A Bern court ultimately found Brünisholz guilty, imposing the fine as an alternative to a short jail term. Rejecting the penalty on principle, Brünisholz announced his decision to serve the time, posting a photo of his prison summons on X (formerly Twitter) on September 19, 2025. "Es ist soweit, am 2 Dezember gehe ich in den Knast für 10 Tage!" he wrote, translating to "It's come to this, on December 2 I go to prison for 10 days!" He is scheduled to begin his sentence next month.

The case has ignited outrage across conservative and libertarian circles, with commentators decrying it as an assault on biological facts and "thought crime." Elon Musk was indirectly referenced in viral posts amplifying the story, while users on platforms like X and Reddit lamented the "erosion of free speech in Western nations." One X user quipped, "For that, he’s going to jail," tagging a prominent commentator, underscoring the absurdity perceived by critics. Supporters of the conviction, however, argue the post went beyond stating biology, labeling the entire LGBTQ+ community as "mentally ill" and promoting harmful stereotypes that could incite prejudice. A Reddit discussion in r/Switzerland captured the divide: "Don't like transphobes but isn't this concerning?" one user asked, sparking over 300 comments debating the balance between hate speech laws and personal expression.

Brünisholz, who runs a small repair studio for brass and woodwind instruments, has maintained his views stem from scientific observation rather than malice. The three-year legal battle, involving multiple hearings, has left him undeterred, positioning him as a reluctant symbol in the global culture wars. Legal experts note that while Switzerland's hate speech laws are robust—reflecting public concern over rising attacks on minorities—the threshold for prosecution remains contentious, especially for online comments.

As Brünisholz prepares for incarceration, the story continues to fuel discussions on reforming anti-discrimination statutes. Advocates on both sides warn of broader implications: for some, it's a vital shield against bigotry; for others, a slippery slope toward censorship.

Sources

RT News: "Swiss man chooses jail over fine for ‘transphobic’ post" (October 1, 2025)
Azerbaycan24: "Swiss man chooses jail over fine for 'transphobic' post" (September 30, 2025)
NewsTarget: "Swiss man faces jail for asserting biological truth in Facebook post: There are only TWO GENDERS" (October 2, 2025)
Verity News: "Swiss Man Faces Prison for Not Paying Hate Speech Fine" (2025)
Reduxx: "Swiss Man Opts For Jail Time Instead Of Fine After Being Charged Over 'Transphobic' Social Media Post" (September 26, 2025)
Center for Family and Human Rights: "Switzerland: Man Faces Jail Over ‘Transphobic’ Post" (September 29, 2025)
Reddit r/Switzerland: "Don't like transphobes but isn't this concerning?" (September 28, 2025)
Sott.net: "Swiss man chooses jail over fine for 'transphobic' FB post stating only two genders" (2025)