Hodges

I. BACKGROUND

27 As set forth in the Order, this lawsuit arises from Mayor Gloria’s exercise of his 28 Police/Community Relations (the “Advisory Board”). Hodges served on the board since 2017. (FAC [Doc. 7] ¶ 3.) In addition, Hodges served on the San Diego County Human Relations Commission (the “Commission”) since 2021. (Id.) Mayor Gloria’s decision to veto Hodges’ reappointment stems from Hodges’ public statements related to his abstention from voting on a matter before the Commission. According to the FAC, “[o]n November 9, 2021, during Transgender Awareness Month, the Commission discussed an agenda item to amplify the voices of the San Diego transgender community.” (FAC ¶ 42.) During the meeting, Hodges exercised his right to abstain from voting on a “motion.” (Id.1) Hodges then made “public comments related to his abstention,” which certain Commission members believed were “‘discriminatory’ and ‘hateful’ toward the transgender community.” (Id. ¶¶ 6, 47, 58.2) Hodges, a former Chaplain of the San Diego Police Department and associate pastor, contends his abstention was based on his religious beliefs. (Id. ¶¶ 5, 40, 43, 53.) 14 …