TULSA, Okla.–Years of struggle turned into tears of joy Thursday as Creek Freedmen descendants celebrated a ruling reinstating their citizenship eligibility within the Muscogee (Creek) Nation.
Plaintiffs Jeff Kennedy and Rhonda Grayson, along with civil rights attorney Damario Solomon-Simmons and state representatives, all of whom were Creek Freedmen descendants themselves, expressed joy and a desire to seek reconciliation with tribal leadership during a press conference inside the Root Coworking space in Tulsa’s Historic Greenwood District.
“We’re just so happy. This has been a very long journey for so many,” attorney Solomon-Simmons said. For him, it was also personal. He descends from Muscogee (Creek) Nation (MCN) ancestry on both sides of his family, and his ancestor Cow Tom helped sign the Treaty of 1866, granting Black Creeks equal rights.
“In October of 1979, the Creek Nation stripped the citizenship of those who were called Creek Freedmen descendants, and ever since that day people have been fighting, pushing, agitating, and advocating to try to get their citizenship back.”
Notably, Black Wall Street itself was co-founded and grew through the land ownership of Creek Freedmen who, like other Muscogee (Creek) citizens, were given allotments of land after the U.S. government forced the Tribes to abandon communal living.
Many Creek Freedmen grew wealth through the oil produced on their lands at a time when Tulsa was becoming the oil capitol of the world, according to the Oklahoma Historical Society.
MCN high court strikes down badge of slavery
For decades, individuals like Ron Graham, fought silently for the recognition of their citizenship. He said when he first applied for citizenship in 1983, he was told his ancestor “wasn’t nothing but a slave.”
“Learn about your history. Learn about your genealogy,” Graham told the Black Wall Street Times.
The press conference came a day after the Muscogee (Creek) Nation Supreme Court ruled in favor of restoring Freedmen citizenship and striking out “By Blood” language in the Nation’s constitution.
“Are we, as a Nation, bound to treaty promises made so many years ago? Today we answer in the affirmative, because that is what Mvskoke law demands,” the Justices wrote in Citizenship Board of the Muscogee (Creek) Nation v. Rhonda K Grayson, et al.
What this means for Muscogee (Creek) citizenship
For years, Grayson and Kennedy have been in a legal battle against the Muscogee (Creek) Nation Citizenship Board, which admitted during the 2023 trial that its members had been advised by the Nation’s Attorney General to not process any applications from Creeks who descend from the segregated Freedmen Roll.
The clear language of the 1866 Treaty between the Muscogee (Creek) Nation and the U.S. government ordered the tribal nation to abolish slavery and apply equal rights and citizenship to Freedmen and their descendants. Muscogee (Creek) Nation District Judge Denette Mouser agreed, ruling in favor of Freedmen in 2023.
Creek Freedmen say citizenship equality strengthens Tribal sovereignty
However, the Muscogee Nation AG’s Office and Principal Chief David Hill challenged the ruling, sending it to the MCN Supreme Court. They argued tribal sovereignty gives them the right to alter citizenship requirements.
Meanwhile, attorneys for the Creek Freedmen plaintiffs argued that upholding all parts of the treaty makes the ruling a win for the Muscogee (Creek) Nation, not just Freedmen descendants.
“When you in essence choose to cherry-pick what you want to support from the treaty of 1866, you weaken the treaty language altogether. You make yourself vulnerable to outside influences or possibly attacks from those that may want to do away with the language altogether,” said Oklahoma state Rep. Ron Stewart (D-Tulsa), a Muscogee (Creek) citizen.
State Senator Regina Goodwin (D-Tulsa) is a descendant of 1921 Tulsa Race Massacre survivors. She said the ruling was about humanity, rights and freedom.
“We hope moving forward that there are going to be really productive conversations that move us forward. Beyond the conversation, why would we not have that action,” she said.
“It’s time to stop all the fighting”
During Thursday’s press conference, attorney Solomon-Simmons publicly called for a meeting with tribal leadership to begin the reconciliation process and plan for the influx of Creek Freedmen applications.
“We believe it is time to stop all the fighting, all the litigating. It is time to be one Creek Nation. So, we’ve already sent communications to Chief Hill, asking if we can sit down with his leadership,” Solomon-Simmons said.
He expressed hope the Muscogee (Creek) Nation could travel down a similar path as the Cherokee Nation, which approved full citizenship for Freedmen descendants after court decisions upheld the Treaty of 1866.
It’s unclear whether tribal leadership will appeal the decision to the federal government, which many fear could risk reversing the 2020 McGirt v. Oklahoma decision. That landmark decision reaffirmed tribal jurisdiction over much of eastern Oklahoma, and it was upheld based on Article I of the Treaty of 1866. Citizenship rights for Creek Freedmen descendants are outlined in Article 2.
Muscogee (Creek) Nation Principal Chief responds
In a video message posted to Facebook hours after the press conference on Thursday, Principal Chief David Hill urged citizens to come together amid racist remarks on social media. He also said the Nation was looking at its options for how to proceed.
“We understand that this is a polarizing issue. Many of our citizens are upset with this ruling, and many are happy,’ Chief Hill said. “It is not in our ways to let emotions get the best of us and be disrespectful. It is up to us to be thoughtful, sincere but serious in our attention to this matter.”
He went on to say that while his office had planned for both outcomes, Muscogee (Creek) Nation Supreme Court left unanswered questions with the ruling in favor of Freedmen citizenship.
“At this time we are gathering all the information we can to best proceed and decide what our options are in the immediate,” Chief Hill said.
“This is our birthright”
For Rhonda Grayson, a years-long plaintiff in the case, it’s about reclaiming her birthright. When asked why she would fight to rejoin a Nation that has fought to keep her out, she didn’t hesitate.
“The United States enslaved people of African descent. The Creek Nation enslaved people of African descent, but people who were from the States, they’re not going to say we no longer want to be a citizen of the United States because the U.S. enslaved people of African descent. It’s no different for us who were enslaved by the Tribes,” Grayson told the Black Wall Street Times.
“It is our birthright. We were part of the Nation. Our people were forcibly removed on the Trail of Tears. They scouted the land and paved the way for safety to the new land of Indian Territory,” Grayson said recounting the centuries-long history of Black Creeks of all backgrounds.
Fellow plaintiff Jeff Kennedy broke into tears while recounting praising God after he heard the ruling.
“This victory isn’t mine. It belongs to every Black Creek Descendant who refused to be erased. Now, as recognized citizens we are ready for reconciliation and to move forward together as one Nation,” Kennedy said. “We’re tired of all the fighting. We just want to come home.”
On August 16, Justice for Black Creeks Coalition will hold a seminar to discuss how to apply and enroll for citizenship. More information can be found at justiceforblackcreeks.com.
Related Stories:
- “This is my birthright,” Black Creeks tell judge on Day 1 of Trial
- Black Creek Freedmen win citizenship, Muscogee judge rules
- Muscogee Nation AG “intimidated” judge in Creek Freedmen trial
- Creek Freedmen case moves to oral arguments at tribal Supreme Court
- Muscogee (Creek) Nation Supreme Court ends apartheid, restores Freedmen citizenship
- These Muscogee citizens support Black Freedmen Citizenship
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