Comedy Writer Claims that the Human Skeletons of Men and Women Are Not the Same and Goes to Jail
Emanuel Brünisholz was fined 500 Swiss francs (later serving 10 days in jail for refusal to pay) for posting on Facebook suggesting transgender identities are a form of mental illness based on biological sex differences. The conviction in Switzerland was based on Article 261 bis of the Penal Code, which prohibits publicly denigrating individuals based on sexual orientation or gender identity. Brünisholz argued his statement was about biological reality and that his freedom of expression was violated, though he did not appeal the ruling. Opponents of the law suggest it is being used to silence discussions defending biological definitions and questioning gender ideology. The case highlights ongoing international debates regarding the balance between protecting minorities and upholding freedom of expression.
about 2 months ago
Emanuel Brünisholz, a Swiss manufacturer of metal musical instruments, posted on Facebook that skeletons of LGBTQ people excavated after 200 years would only reveal men and women, labeling other identities as "ideology-fuelled mental illness."1
This statement led to his conviction for hate speech under Swiss law.1
On October 25, 2026, the Emmental-Oberaargau Regional Court fined Brünisholz 500 Swiss francs (about 700 euros).1
He refused to pay, resulting in a 10-day jail sentence starting December 2, 2025; he did not appeal, citing futility.1
Switzerland's Article 261 bis of the Penal Code prohibits public denigration based on gender identity or sexual orientation.1
Originally for racial and religious hatred, it expanded in 2020 to include sexual identity.1
Brünisholz argued his post reflected biological realities, not hate speech, and violated his freedom of expression.1
He laughed during police questioning and vowed not to be silenced by intimidation.1
Critics warn the law silences defenders of biology and gender critics, with parliament considering further expansions.1
The case sparks debate on balancing minority protections with free speech limits.1
Irish comedy writer Graham Linehan shared Brünisholz's stance on X, ready to face prison to expose "trans ideology's authoritarianism."1
Do Catholic teachings affirm biological sex as immutable?
Catholic doctrine unequivocally affirms that biological sex—male or female—is an immutable reality willed by God at creation, integral to human dignity, and not subject to change by personal choice, ideology, or technology. Rooted in Scripture and consistently taught through the Catechism, papal encyclicals, and recent declarations, this truth emphasizes that sexual difference is "prior to all our decisions and experiences," with "biological elements... impossible to ignore." While acknowledging cultural influences on gender roles, the Church insists these can be "distinguished but not separated" from biological sex, rejecting any attempt to redefine or alter one's God-given sexual identity. This position upholds the equal dignity of man and woman while preserving their complementary differences as reflections of divine wisdom.
From the outset, Catholic teaching draws on Genesis to present biological sex as a deliberate, unchanging aspect of human nature. God created humanity "male and female," not as interchangeable or fluid categories, but as distinct yet equal persons in His image. This is not merely biological but touches "the innermost being of the human person," uniting spiritual and material dimensions in a way oriented toward complementarity and family.
The Catechism reinforces this: "Man and woman have been created... in perfect equality as human persons;... 'Being man' or 'being woman' is a reality which is good and willed by God." Echoing Genesis 1:27 and 2:24, it states that "each of the two sexes is an image of the power and tenderness of God, with equal dignity though in a different way," and their union imitates "the Creator's generosity and fecundity." These differences are not accidental but essential, forming "the first form of communion between persons" and the basis for all human generations.
Everyone is called to "acknowledge and accept his sexual identity," as physical, moral, and spiritual differences foster marriage and family flourishing. To deny or alter this is to reject God's creative act, which establishes sex as fixed and good.
The Church consistently teaches the profound equality of man and woman precisely because of their sexual differences, not despite them. "In creating men 'male and female,' God gives man and woman an equal personal dignity," and both reflect God "in their 'being-man' and 'being-woman.'" This complementarity is "oriented toward the goods of marriage," where harmony depends on living out mutual support between the sexes.
Pope John Paul II, in Mulieris Dignitatem, roots this in the "biblical reality of the creation of the human being as male and female," describing marriage as a "union of persons" from the beginning, inscribed by the Creator. Historical teachings, like those of Pius XI in Casti Connubii, affirm that no human law can "circumscribe... the principal ends of marriage laid down... by God Himself," including sexual distinction. Such views underscore immutability: sex is not a social construct but a "primeval right" from creation.
Recent magisterial documents directly address modern attempts to treat biological sex as mutable, critiquing gender theory as a grave violation of dignity. The 2024 Declaration Dignitas Infinita states: "all attempts to obscure reference to the ineliminable sexual difference between man and woman are to be rejected," because "biological sex and the socio-cultural role of sex (gender) can be distinguished but not separated." It warns against ideologies that "envisages a society without sexual differences," dictating child-rearing and separating identity from biology—efforts that ignore "God’s work of creation, which is prior to all our decisions."
Pope Francis, quoted extensively, affirms: "It needs to be emphasized that ‘biological sex and the socio-cultural role of sex (gender) can be distinguished but not separated.’" The USCCB's 2023 Doctrinal Note echoes this, rejecting ideologies where "human identity becomes the choice of the individual, one which can also change over time," urging acceptance of humanity "as it was created." Scholars like John Grabowski note that while culture shapes roles, it "cannot be separated from the sexually differentiated body and the deeper metaphysical differences." Vocations—husbands/fathers for men, wives/mothers for women—further concretize this immutable reality.
These teachings build on earlier critiques, such as Pius XI's rejection of "coeducation" that confuses sexes, insisting on distinctions "ordained... by the Creator" for family and society.
By affirming biological sex as immutable, the Church protects the anthropological foundation of family, society, and personal identity. Sexuality is not "simply biological" but a total self-gift in marriage, open to life. Attempts to change sex through technology or ideology risk "the sin of trying to replace the Creator," as we are called to receive creation as a gift.
In summary, Catholic teachings—from Scripture through the Catechism to Dignitas Infinita—firmly affirm biological sex as immutable, a God-given, ineliminable truth essential to dignity and complementarity. This invites all to embrace their identity with gratitude, fostering true equality and communion.