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Reason
Reason
Politics
Eugene Volokh

Mayor's Right to Dismiss Volunteer Board Appointees for Speech, Including Religiously Motivated Speech

From Hodges v. Gloria, decided Thursday by the Ninth Circuit (Judges Consuelo Callahan and Lucy Koh, and Judge J. Campbell Barker (E.D. Tex.)), an interesting exchange:

Dennis Hodges, a correctional officer and religious pastor, challenges San Diego Mayor Gloria's veto of his reappointment as a voluntary member to the City's Police Advisory Board … as violating his First Amendment rights to free speech and free exercise of religion. The Mayor stated that he vetoed Hodges's reappointment because Hodges had made repeated public comments that he considered "transgenderism" to be a sin just like adultery and fornication….

The court held this as to the free speech claim:

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