A federal judge has dismissed a lawsuit brought by a former Yosemite National Park ranger who was terminated after displaying a large transgender pride flag on El Capitan, the iconic granite monolith overlooking the park's main thoroughfare in California.
Background of the Case
U.S. District Judge Jennifer Thurston ruled on Friday that Shannon "SJ" Joslin, who identifies as nonbinary and uses they/them pronouns, must adhere to the process outlined in the Civil Service Reform Act. Since Joslin was a probationary employee at the time of their dismissal last year, they are required to file a complaint with the Office of Special Counsel, which they have already done.
The Office of Special Counsel denied Joslin's initial request to temporarily halt their termination while investigating whether the National Park Service violated the law, according to court documents. A final decision is expected by August.
The Flag Incident
Joslin, a biologist specializing in bat research, stated they assisted in hanging a 66-foot transgender pride flag on El Capitan for approximately two hours on May 20, 2025, before voluntarily removing it. The flag was displayed on Joslin's day off, not during work hours.
In an interview with the Associated Press last year, Joslin explained that hanging the flag was their way of conveying that "We're all safe in national parks."
The termination letter, dated August 2025, accused Joslin of "failing to demonstrate acceptable conduct" and specifically referenced the flag incident. It stated: "You participated in a small group demonstration in an area outside the designated protest and demonstration area without a permit ... and thus circumvented rules applicable to all park visitors."
Many national parks have designated "First Amendment areas" where groups of 25 or fewer people can protest without permits. Yosemite has several such areas, including one in Yosemite Valley, where El Capitan is located.
Joslin's Response
Following their termination, Joslin issued a statement on Instagram last August, asserting: "I hung the flag in my free time, off-duty, as a private citizen. It flew for a total of two hours in the morning and then I took it down. El Capitan has had flags hung on it for decades and no one has EVER been punished for it." They added, "I want my rights and I want my career back."
Legal Allegations
Joslin's lawsuit accuses the National Park Service, the Department of the Interior, and other defendants of constitutional violations, including infringing on Joslin's right to free speech. The lawsuit claims the termination was "vindictive, retaliatory, intended to communicate disapproval of a particular point of view," according to court filings. While others have flown flags on El Capitan, Joslin asserts they are unaware of anyone else facing punishment for such actions.
In their lawsuit, Joslin also cited the Trump administration's hostility toward transgender communities, pointing to the rollback of protections for transgender individuals, the Defense Department's ban on transgender service members, and increased barriers from the Department of Health and Human Services for transgender people seeking appropriate medical care. "The administration's actions have sent a clear message: that trans people are not protected by this administration," the lawsuit stated.
Additionally, the lawsuit referenced Trump's sweeping layoffs across federal agencies, including the National Park Service, where nearly a quarter of full-time employees have been laid off or have departed.
Court Ruling
In her Friday ruling, Judge Thurston acknowledged that the procedure for challenging a termination under federal civil service rules leaves probationary employees like Joslin with very limited recourse when a decision goes against them. However, she noted that allowing probationary employees to take complaints directly to courts would grant them more options than tenured employees have.
The ruling did not address Joslin's allegation that their First Amendment right to free speech had been violated by the termination. Instead, Thurston stated: "The motion to dismiss Joslin's employment-related claims and requests for relief is granted without leave to amend, but also without prejudice to any future litigation in an appropriate venue."
Thurston also denied a motion for a preliminary injunction, saying: "Because the Court has dismissed the complaint, Joslin cannot show they are likely to succeed on the merits of the claims within it, nor that their claims raise serious questions on the merits."
Reaction and Aftermath
Following Thurston's ruling, Joslin told the New York Times that it "isn't a 'win' for the federal government," adding: "This just slows down the process of allowing justice to be served for the American people and slows down allowing National Park Service employees to be effective stewards of public lands." Joslin continued: "I understand the gravity of being let go for an identity that this administration has turned into an ideology."
A day after Joslin's flag display, the park instituted a rule prohibiting people from hanging banners, flags, or signs larger than 15 square feet in areas designated as "wilderness" or "potential wilderness." That covers 94% of the park, according to Yosemite's website.
The rule followed another high-profile demonstration from February 2025, when a group of demonstrators hung an upside-down American flag on El Capitan to protest the firing of National Park Service employees by the Trump administration.
