(ZENIT News / Rome, 01.15.2026) – Emanuel Brünisholz was convicted of «hate speech» for posting a comment on Facebook suggesting that «trans people» have mental illnesses, as he emphasized the clear biological difference between male and female skeletons.
On October 25, 2026, Brünisholz, a manufacturer of metal musical instruments in Burgdorf, was sentenced to pay a fine of 500 Swiss francs, approximately 700 euros, by the Emmental-Oberaargau Regional Court.
The Facebook post read: «If you excavate LGBTQ people after 200 years, you’ll only find men and women among the skeletons. Everything else is ideology-fuelled mental illness!» Brunisholz refused to pay the fine and was sentenced to 10 days in jail, beginning on December 2, 2025, according to The Telegraph. He stated that his right to freedom of expression had been violated and that statements about biological realities could not be considered hate speech. He did not appeal the decision, as his lawyers told him it would be pointless.
In Switzerland, it is illegal to «publicly denigrate» a person based on their gender identity or sexual orientation, according to Article 261 bis of the Penal Code, originally designed to combat racial and religious hatred, which was expanded in 2020 to include sexual identity. The author of the publication admitted this. Incredulous at the accusations, he laughed while answering the police’s questions: «I intend to face it with good humour. I won’t let myself be broken or crushed by those who hope to silence me through pressure or intimidation. That is, after all, their objective: to wear me down until I shut up. I have no intention of doing so.»
Swiss opponents of the legislation warn that the law has become a tool to silence those who defend biology and question gender ideology. The discussion in the Swiss Parliament opens the possibility of further expanding these provisions, which could institutionalize censorship and limit public debate on gender identity issues.
The case of Emanuel Brünisholz raises crucial questions about the limits of freedom of expression in modern society, beyond the borders of Switzerland. To what extent can an opinion be expressed without fear of legal repercussions? Is it possible to strike a balance between protecting minorities and guaranteeing freedom of expression? This freedom cannot be a selective concept, applicable only to socially acceptable opinions.
Irish comedy writer Graham Linehan, a defender of freedom of expression in the United Kingdom, posted a message from Brünisholz on his X account: «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.»
