Muscogee Nation Ruling Grants Freedmen Tribal Citizenship

Muscogee Nation Ruling Grants Freedmen Tribal Citizenship \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ The Muscogee Nation Supreme Court ruled descendants of Freedmen are entitled to tribal citizenship. The decision reverses previous denials and challenges the tribe’s blood-based membership rules. This landmark ruling may open the door for thousands of new citizens.

Quick Looks

• Muscogee Nation Supreme Court ruled in favor of Freedmen descendants seeking tribal citizenship.
• The 1866 treaty, which abolished slavery and granted citizenship, was found binding by the court.
• Applicants Rhonda Grayson and Jeffrey Kennedy were denied citizenship in 2019 under outdated rules.
• The court ruled references to “by blood” in the tribe’s constitution are unlawful.
• Decision could pave the way for thousands of new members not listed as Muscogee by blood.
• The court ordered the citizenship board to review future applications using the treaty.
• Grayson called the ruling a “meaningful opportunity for healing and reconciliation.”
• Kennedy said the ruling honored promises made to his ancestors in good faith.
• Muscogee Chief David Hill is reviewing the order’s legal implications.
• Other tribes, like the Cherokee and Seminole Nations, have faced similar rulings with different outcomes.
• Some Freedmen citizens still face limitations in housing, education, and political rights.
• This ruling was made within the tribe’s own legal system, not imposed by U.S. courts.

Deep Look

In a historic and potentially transformative decision, the Muscogee (Creek) Nation Supreme Court ruled Wednesday that descendants of individuals once enslaved by the tribe — known as Freedmen — are entitled to full tribal citizenship. The ruling directly challenges long-standing enrollment policies that restricted membership to those listed as “Muscogee by blood” on the Dawes Rolls, a federal census from the early 1900s.

The court found that the tribal citizenship board’s 2019 rejection of Rhonda Grayson and Jeffrey Kennedy violated the terms of the 1866 treaty between the Muscogee Nation and the United States. That treaty, ratified after the Civil War, abolished slavery within the tribe and guaranteed full citizenship to Freedmen and their descendants.

“Are we, as a Nation, bound to treaty promises made so many years ago? Today, we answer in the affirmative,” the court wrote, signaling a dramatic shift in the way the Nation interprets its legal obligations.

Grayson and Kennedy had applied for citizenship but were denied because they could not prove descent from a Muscogee citizen “by blood.” Both could trace their lineage to Freedmen listed on the Dawes Rolls, which separated tribal citizens by racial identity — a division imposed by U.S. officials. The court ruled that this separation is no longer valid under tribal law and directed the citizenship board to reprocess the applications using the Treaty of 1866 as the standard.

Impact of the Ruling

This decision may open the door for thousands of potential new citizens who were previously excluded due to blood-based qualifications. It also strikes down any constitutional references within the Muscogee Nation to the phrase “by blood,” including the provision requiring candidates for tribal office to be at least one-quarter Muscogee by blood.

Rhonda Grayson called the ruling a “victory that honors our past,” emphasizing its potential to heal historical wounds and unify the Nation. Jeffrey Kennedy added, “Our ancestors signed that treaty in good faith, and today the court finally honored their word.”

Muscogee Nation Chief David Hill said the tribal government is reviewing the ruling and may seek reconsideration for legal clarity. The decision may require substantial constitutional changes and legal restructuring to bring membership criteria in line with the ruling.

Freedmen in Other Tribes

The Muscogee Nation is one of five Oklahoma tribes that enslaved Black people prior to the Civil War. While the Cherokee and Seminole Nations have previously faced legal challenges over Freedmen citizenship, implementation has varied.

In the Cherokee Nation, roughly 17,000 Freedmen have been fully integrated and enjoy equal access to tribal programs. But in the Seminole Nation, approximately 2,500 Freedmen remain excluded from key benefits, such as housing and educational assistance, and are barred from holding high office.

Attorney Jonathon Velie, who has represented Freedmen in multiple tribal court cases, said the Muscogee ruling carries even more weight because it emerged from the tribe’s own judiciary, not a federal mandate. “This wasn’t Washington telling the Nation what to do. It was Muscogee law, interpreting a Muscogee treaty,” Velie said.

He added that the U.S. Department of the Interior, which manages federal treaty obligations, treats Freedmen citizens equally. However, each tribe’s internal politics determine how fairly they are treated in practice.

The ruling represents more than just a legal victory; it is a symbolic acknowledgment of the tribe’s complex and painful history — one that includes both the legacy of enslavement and the struggle for recognition and equality.

As the citizenship board prepares to review additional applications under this new framework, the Muscogee Nation faces a pivotal moment. Whether it becomes a model for inclusivity and reconciliation or repeats the exclusionary practices of the past will shape its legacy for generations to come.

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