In a significant ruling, a judge for the Muscogee (Creek) Nation (MCN) in the United States has granted citizenship to two descendants of Black slaves who were once owned by tribal members. This decision has the potential to open the door for hundreds of other descendants, known as freedmen, to obtain tribal citizenship. The ruling was made by District Judge Denette Mouser, based in the tribe's headquarters in Okmulgee, Oklahoma, in favor of Rhonda Grayson and Jeff Kennedy, who had sued the tribe's citizenship board for denying their applications.

Late on Wednesday, Judge Mouser reversed the board's decision and ordered it to reconsider the applications according to the tribe's Treaty of 1866, which states that descendants listed on the Creek Freedmen Roll are eligible for tribal citizenship. The issue of freedmen citizenship has been a contentious one for tribes as the United States grapples with its history of racism. While the Cherokee Nation has granted full citizenship to its freedmen, other tribes, including the Muscogee Nation, have argued that their sovereignty allows them to determine who qualifies for citizenship.

Muscogee Nation Attorney General Geri Wisner expressed disagreement with the ruling and stated that the tribe intends to appeal the decision to the Muscogee Nation's Supreme Court. Wisner argued that the tribe's constitution does not provide provisions for citizenship for non-Creek individuals. However, Judge Mouser's decision highlights the importance of the Treaty of 1866 and its inclusion of a provision guaranteeing citizenship for tribal members of African descent.

The history of the Five Civilized Tribes, which includes the Cherokee, Chickasaw, Choctaw, Muscogee (Creek), and Seminole nations, reveals their assimilation into European settlers' culture, including slave ownership. Each tribe has a unique history with freedmen, and their rights were outlined in separate treaties with the United States. Judge Mouser emphasized that the form of slavery within the tribe differed from that in the US South, as slaves often became part of the owner's clan, participating in cultural ceremonies and speaking the tribal language. She noted that freedmen families played significant roles in tribal government and protected the new homeland upon arrival in Indian Territory.

Attorney Damario Solomon-Simmons, who represented the plaintiffs, expressed his satisfaction with the ruling. Solomon-Simmons, whose own ancestor Cow-Tom signed the Treaty of 1866, stated that the decision is a victory against racial discrimination and upholds the rule of law and the sanctity of Indian treaties. He argued that the tribe's constitution, adopted in 1979, conflicts with the Treaty of 1866, which has been cited as evidence of the tribe's intact reservation and upheld by the US Supreme Court in the 2020 McGirt v Oklahoma case.

This landmark ruling holds significant meaning for Solomon-Simmons, as it is a personal quest to reclaim the honor and dignity that were unjustly taken away due to anti-Black racism. The ruling highlights the importance of the treaties between the Muscogee Nations and the United States as the legal basis for the freedmen's claim to tribal citizenship. The outcome of the appeal to the Muscogee Nation's Supreme Court will have far-reaching implications for the status of freedmen and the ongoing conversation around tribal sovereignty and racial justice in the United States.