In Hodges v. Gloria, (9th Cir., Feb. 26, 2026), the U.S. 9th Circuit Court of Appeals rejected free speech and free exercise challenges to the San Diego mayor's veto of the reappointment of a voluntary member of the city's Police Advisory Board. The mayor vetoed the reappointment of Dennis Hodges, a correctional officer and pastor, because of Hodges' public comments that he considered “transgenderism” to be a sin just like adultery and fornication. The court said in part:
Hodges asserts that he was not a policymaker and that government officials may not create religious tests for holding public office. However, a consistent line of cases ... hold that an appointed volunteer may be dismissed for statements that might otherwise be protected by the First Amendment when “commonality of political purpose” is an appropriate requirement for the volunteer’s services....
Hodges has not shown that the district court erred in rejecting his free exercise claim. To prevail on this claim, Hodges would have to show that even though the veto of his reappointment did not violate his free speech rights, it violated his free exercise rights because of his underlying religious beliefs. He offers no case law supporting such a proposition. Moreover, he does not explain how his religious motive for making public statements changes the court’s evaluation of his claim....
