A federal judge ruled Friday that she lacks the authority to reinstate a former Yosemite National Park ranger who was dismissed after unfurling a transgender pride flag from the famed El Capitan rock formation last year, delivering a setback to the ranger’s legal challenge while leaving broader constitutional questions unresolved.
The ruling centers on Shannon “SJ” Joslin, a nonbinary former National Park Service employee who uses they/them pronouns. Joslin was terminated by the National Park Service after displaying the flag at El Capitan while off duty, an action that later became the subject of legal and political debate.
In her decision, U.S. District Judge Jennifer Thurston emphasized that the court’s ruling was based on jurisdictional limits rather than a determination of whether Joslin’s rights had been violated.
Thurston wrote that while Joslin claims the firing was the result of speech protected by the First Amendment, federal law does not give the court authority to decide those claims in this case.
“The Court lacks jurisdiction to review Joslin’s termination or to offer any related relief, including a reinstatement,” Thurston wrote.
The judge further stated that existing laws passed by Congress, along with legal precedent governing federal courts, prevent her from determining whether the firing was unconstitutional or unlawful. She also said the court could not intervene in connection with a potential criminal case that Joslin claims may be under consideration.
Instead, Thurston ruled that Joslin must pursue those claims through the Office of Special Counsel, the federal body that handles certain disputes involving government employees.
The decision leaves unanswered the central allegation raised by Joslin: that they were selectively targeted for protected speech. The judge made clear that her ruling does not address the merits of that claim.
Thurston, who serves on the federal bench in Fresno, California, was appointed by former President Joe Biden.
The controversy began last year when Joslin displayed a transgender pride flag from El Capitan, one of Yosemite National Park’s most recognizable landmarks. The massive granite formation, known worldwide as “El Cap,” attracts climbers and visitors from around the globe.
Following the incident, the National Park Service terminated Joslin’s employment. According to the lawsuit, Joslin also became the subject of a criminal investigation.
Earlier this year, Joslin argued that the firing was part of a broader climate of pressure facing federal employees.
“Yes, I lost my job for this flag. But this wasn’t the first way that the Trump administration had been scaring us into silence as federal workers,” Joslin told The Hill. “And that felt wrong, too.”
The case emerged as President Donald Trump’s administration continued efforts to eliminate diversity, equity and inclusion initiatives and what it has described as “gender ideology” throughout the federal government.
The dispute is one of several legal battles involving federal agencies and cultural issues that remain active in the courts. Earlier this month, an appeals panel heard arguments concerning the removal of references to slavery at the Philadelphia site where George Washington lived while serving as president. Other lawsuits involving federal grants and diversity-related directives are also still pending.
The Interior Department defended the National Park Service’s actions, stressing the importance of protecting public lands and maintaining visitor experiences.
“We take the protection of the park’s resources and the experience of our visitors very seriously and will not tolerate violations of laws and regulations that impact those resources and experiences,” an agency spokesperson said.
The department also noted that demonstrations conducted outside designated First Amendment areas may require permits and argued that unauthorized demonstrations can detract from both visitor experiences and the preservation of park resources.
For now, Joslin’s effort to regain their position remains outside the authority of the federal court, with any further challenge required to proceed through the administrative process outlined by federal law.
