Muscogee Creek Nation Supreme Court to Decide Freedmen Citizenship Rights

Key Takeaways

• June 10, 2025, Muscogee Creek Nation Supreme Court heard a case on Freedmen tribal citizenship eligibility.
• 1879 constitution limits citizenship to “Indian by blood”; 1866 Treaty promises Freedmen citizenship rights.
• District Judge ruled to honor 1866 Treaty, but Supreme Court delayed enrollment pending appeal.

The Muscogee Creek Nation Supreme Court is on the verge of a landmark decision that could reshape the future of tribal citizenship for thousands of people. On June 10, 2025, the court heard oral arguments in a case that asks whether descendants of the tribe’s former slaves, known as Freedmen, should be granted full tribal citizenship. The outcome will determine if the Muscogee Creek Nation must honor the promises made in the 1866 Treaty with the United States 🇺🇸 or continue to follow its 1979 constitution, which restricts citizenship to those who can prove they are “Indian by blood.” This case is not just about legal definitions—it’s about identity, history, and the rights of a community long fighting for recognition.

What’s Happening Now: The Supreme Court Case

On June 10, 2025, the Muscogee Creek Nation Supreme Court held a public hearing via Zoom, allowing anyone interested to watch the arguments unfold. The case was brought by Rhonda Grayson and Jeffrey Kennedy, both descendants of Muscogee Freedmen. They want the court to recognize their right to tribal citizenship based on their ancestors’ status as Freedmen, as promised in the 1866 Treaty. The court, led by Chief Justice Andrew Adams III, has not set a deadline for its decision, but a ruling is expected soon.

This case follows a major development in September 2023, when District Judge Denette Mouser ruled that the Muscogee Creek Nation must honor the 1866 Treaty and grant citizenship to Freedmen descendants. However, the tribe’s Attorney General appealed the decision, and the Supreme Court put a hold on enrolling new Freedmen citizens until the appeal is resolved.

The Heart of the Dispute: Treaty vs. Constitution

At the center of this case is a conflict between two important documents:

• The 1866 Treaty: After the Civil War, the Muscogee Creek Nation signed a treaty with the United States 🇺🇸. This treaty ended slavery within the tribe and guaranteed citizenship to Freedmen and their descendants.
• The 1979 Constitution: In 1979, the Muscogee Creek Nation adopted a new constitution that limited citizenship to those who could prove they were “Indian by blood.” This change excluded most Freedmen descendants, unless they could also show Indian ancestry.

The Supreme Court must now decide which of these documents should control who can be a citizen of the Muscogee Creek Nation.

Who Is Affected and Why It Matters

This decision will have a direct impact on all descendants of Muscogee Freedmen listed on the Dawes Rolls—a set of government records from the late 1800s and early 1900s that separated tribal members into “by blood” and Freedmen categories. While the exact number of people affected is unknown, historical estimates suggest thousands could become eligible for tribal citizenship if the court rules in favor of the Freedmen.

Tribal citizenship is more than just a title. It gives people access to important benefits, including:

• Healthcare
• Education
• Housing
• Voting rights in tribal elections
• Cultural recognition and participation

For Freedmen descendants, citizenship would mean official recognition of their place in the tribe’s history and community.

Key Players and Their Arguments

Plaintiffs: Rhonda Grayson and Jeffrey Kennedy

Grayson and Kennedy argue that the 1866 Treaty is still the law and must be honored. Their legal team, including attorneys Jana Knott and Damario Solomon-Simmons from Justice for Greenwood, says that denying citizenship to Freedmen descendants breaks the promises made after the Civil War.

Muscogee Creek Nation Leadership

The tribe’s attorney, Dean Luthey, argues that the Muscogee Creek Nation has the right to decide who belongs to the tribe. This idea is called tribal sovereignty, which means tribes can govern themselves and make their own rules, including who can be a member.

Judges and Officials

• Chief Justice Andrew Adams III is leading the Supreme Court’s review.
• District Judge Denette Mouser previously ruled in favor of the Freedmen descendants.
• Former Principal Chief Claud Cox supported the 1977 changes that led to the 1979 constitution, saying it was important for the tribe to control its own membership.

Community Advocates

Groups like the Muscogee Creek Freedmen Coalition and Justice for Greenwood are pushing for the rights of Freedmen descendants, saying it’s a matter of justice and honoring history.

How Did We Get Here? A Brief History

• Before the Civil War: The Muscogee Creek Nation, like other tribes, enslaved African Americans.
• 1866 Treaty: After the war, the United States 🇺🇸 and the Muscogee Creek Nation signed a treaty ending slavery and promising citizenship to Freedmen and their descendants.
• Dawes Rolls: The federal government created lists (Dawes Rolls) that separated tribal members by “blood” and Freedmen status.
• 1977-1979: The tribe held a constitutional convention and adopted a new constitution that limited citizenship to “Indian by blood,” excluding most Freedmen descendants.
• 2023: A district court ordered the tribe to honor the 1866 Treaty and grant citizenship to Freedmen descendants.
• 2025: The Supreme Court is now reviewing the case after the tribe appealed the district court’s decision.

What’s at Stake: Immediate and Long-Term Effects

If the Supreme Court Rules for Freedmen Descendants

• Freedmen descendants would gain full tribal citizenship.
• They would have access to all tribal services and benefits.
• They could vote in tribal elections and run for office.
• The tribe’s population could grow, possibly changing its political and cultural landscape.
• The decision could set a legal example for other tribes facing similar issues.

If the Supreme Court Rules Against Freedmen Descendants

• The current rules would stay in place.
• Freedmen descendants would remain excluded from citizenship unless they can prove Indian ancestry.
• The fight for recognition and rights would likely continue in courts or through new legislation.

Broader Implications

This case is about more than just one tribe. It raises big questions about:

• Tribal sovereignty: How much control do tribes have over their own rules?
• Treaty obligations: How should old treaties be honored today?
• Civil rights: What does justice look like for communities with a history of exclusion?

How to Apply for Tribal Citizenship: Step-by-Step

If the Supreme Court rules in favor of Freedmen descendants, here’s how the process would likely work:

1. Check Eligibility
   • Under current rules, you must prove you are “Indian by blood.”
   • If the rules change, Freedmen descendants listed on the Dawes Freedmen Rolls would be eligible.
2. Gather Documents
   • Birth certificates
   • Proof of connection to a Dawes Roll enrollee
   • Other supporting papers (like family records)
3. Fill Out Application
   • Applications go to the Muscogee (Creek) Nation Citizenship Board.
   • You can find forms and instructions on the official Citizenship Board website.
4. Submit Application
   • Turn in all forms and documents to the Citizenship Board.
5. Wait for Review
   • The Citizenship Board reviews your application.
   • If denied, you can appeal to the tribal courts.
6. Get Notified
   • If approved, you’ll receive a tribal enrollment card.
   • If denied, you can reapply or seek legal help.

What Are People Saying?

Legal Experts

• Jana Knott (Plaintiffs’ Attorney): Says the 1866 Treaty is still valid and must be followed.
• Dean Luthey (Tribe’s Attorney): Argues that the tribe has the right to set its own rules for membership.
• Palmer Scott (Attorney and Tribal Citizen): Supports honoring the treaty and the district court’s ruling.

Civil Rights Advocates

• Damario Solomon-Simmons (Justice for Greenwood): Calls for justice and recognition for Freedmen descendants.

Tribal Leaders

• Former Principal Chief Claud Cox: Defended the 1979 constitution as a way to keep “Indian control” over the tribe.

Multiple Perspectives

• Freedmen Descendants: Want recognition, access to benefits, and a place in tribal history.
• Tribal Government: Focuses on self-determination and the right to define membership.
• Legal Community: Split on whether treaties or tribal constitutions should decide citizenship.
• Civil Rights Groups: Support the Freedmen’s case as a matter of fairness and justice.

What Happens Next?

The Supreme Court’s decision is expected soon, but there’s no set date. The outcome will set a precedent for other tribes with similar histories and could affect federal-tribal relations across the United States 🇺🇸.

• If the court upholds the district court ruling: Freedmen descendants will become eligible for citizenship, changing the tribe’s future.
• If the court reverses the ruling: The current system will stay, and Freedmen descendants will remain excluded.

Where to Get More Information

• Muscogee (Creek) Nation Citizenship Board:
  Citizenship Forms and Information
• Muscogee (Creek) Nation Supreme Court:
  Information available under the “Government” or “Judicial” sections at muscogeenation.com
• Justice for Greenwood:
  justiceforgreenwood.org for advocacy and legal support

For more details on tribal citizenship and the Dawes Rolls, you can also visit the U.S. National Archives page on Dawes Records.

Frequently Asked Questions

Who is affected by this decision?
All descendants of Muscogee Freedmen listed on the Dawes Rolls.

What are the benefits of tribal citizenship?
Access to healthcare, education, housing, voting, and other tribal services.

What happens if the Supreme Court rules against Freedmen descendants?
They will remain excluded from tribal citizenship unless future legal or policy changes occur.

How can Freedmen descendants apply for citizenship?
Through the Muscogee (Creek) Nation Citizenship Board, with the required documentation.

Key Facts and Dates at a Glance

Final Thoughts and Practical Guidance

The Muscogee Creek Nation Supreme Court’s decision will shape the future for Freedmen descendants and the tribe itself. If you believe you may be eligible for citizenship, gather your family records and stay updated by checking the Muscogee (Creek) Nation Citizenship Board for the latest news and forms. If you need help, organizations like Justice for Greenwood can provide support.

As reported by VisaVerge.com, this case is being closely watched by other tribes, legal experts, and civil rights groups across the United States 🇺🇸. The outcome will not only affect the Muscogee Creek Nation but could also set a new direction for how tribes honor their treaties and define their communities. For now, all eyes are on the Supreme Court as it prepares to make a decision that will echo far beyond the courtroom.

Learn Today

Freedmen → Descendants of former slaves once held by the Muscogee Creek Nation, seeking citizenship rights.
Dawes Rolls → Federal lists from late 1800s separating tribal members by blood and Freedmen status.
Tribal Sovereignty → The right of a tribe to govern itself and decide its membership rules.
1866 Treaty → Agreement between the U.S. and Muscogee Creek Nation granting citizenship to Freedmen descendants.
1979 Constitution → The tribal constitution limiting citizenship to individuals proving Native American blood.

This Article in a Nutshell

The Muscogee Creek Nation Supreme Court reviews if Freedmen descendants gain citizenship. This ruling impacts tribal identity, benefits, and political rights, defining how historic treaties shape modern tribal membership and justice.
— By VisaVerge.com