On July 24, the Muscogee Nation Supreme Court ruled that descendants of enslaved people will be granted full tribal citizenship.
The ruling came by unanimous decision. The suit was filed by plaintiffs Rhonda Grayson and Jeffrey Kennedy. Both were denied citizenship in 2019. The denial came despite their ability to connect their direct lineage to the enslaved held by the Muscogee Nation, according to a court filing.
Descendants of the tribe’s enslaved people were not granted rights, as the former policy of the tribe dictates members must be Muscogee Indian “by blood.” However, the policy conflicted with an 1866 treaty signed by the tribe. The treaty abolished slavery and the tribe’s participation in the trade. It also promised citizenship to those who had been held in bondage. As Kennedy and Grayson’s ancestors are listed on the “Freedmen Roll” documents, their tribal status was seemingly guaranteed.
The Muscogee Supreme Court ruled that denying Kennedy and Grayson’s applications violates Muscogee law:
“The Court finds that there have been no actions taken by the United States Congress to abrogate the Treaty of 1866, and that this treaty stands as the supreme law of the land under both federal and Mvskoke law. Further, the Treaty of 1866 requires that Creek Freedmen, and their descendants, shall be granted “all the rights and privileges of native citizens[.]” As such, it was contrary to law for the Appellant Board to deny citizenship to any lineal descendant of the Creek Freedmen Dawes Roll,” the decision read.
In 2023, Judge Denette Mouser ruled in Grayson and Kennedy’s favor. The tribe appealed. In the initial ruling, Judge Mouser notated the Cree Freedmen’s claim to tribal membership. She discussed the shared history between the indigenous people listed on the Dawes Roll and the former enslaved listed on the Freedmen Roll.
“The families later known as Creek Freedmen likewise walked the Trail of Tears alongside the tribal clans and fought to protect the new homeland upon arrival in Indian Territory,” she wrote. “During that time, the Freedmen families played significant roles in tribal government, including as tribal town leaders in the House of Kings and House of Warriors.”
The Supreme Court’s order now instructs the citizenship board to accept applicants who can prove ancestry on either of the rolls.
Grayson, who leads the Oklahoma Indian Territory Museum of Black Creek Freedmen History, called the ruling a moment of healing.
“This victory honors our past and offers a meaningful opportunity for reconciliation,” she told the press. Kennedy added, “When I heard the ruling, I felt generations of my family exhale at once.”
Muscogee Nation Chief David Hill said leaders are discussing how to integrate descendants of Creek Freedmen into the tribe, the Guardian reported. Leaders will review policies to make sure they are in line with constitutional requirements. As modern law rejected the presence of enslaved people, the current constitution must be amended to address the new parameters surrounding citizenship.
The Supreme Court’s decision not only reshapes Muscogee Nation citizenship policy, but it also honors the memory of both enslaved and indigenous ancestors.
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