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Creek Freedmen citizenship case heads to MCN Supreme Court

By: Naomi Keitt

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OKMULGEE, Okla. — The case for citizenship for Creek Freedmen made its way to the Muscogee Creek Nation Supreme Court.

"We want our true identify as citizens,” said Ron Graham.

Ron Graham is the Chairman of the Muscogee Creek Freedmen Coalition. As a Freedman descendant, he brought more than two dozen people together to watch the Muscogee Creek Nation Supreme Court hearing.

WATCH: Creek Freedmen citizenship case heads to MCN Supreme Court

Creek Freedmen citizenship case heads to MCN Supreme Court

He says his dad was on the Freedman roll.

"He lived that way,” said Graham. “He went to the stomp dances. He spoke Creek."

He says citizenship into the tribe is his birthright. That’s what attorneys for Rhonda Grayson and Jeff Kennedy say, too. The pair applied for citizenship but were denied.

Their attorneys argue that citizenship is guaranteed to the Freedmen through the Treaty of 1866 between the Muscogee Creek Nation and the US Government.

"The treaty is paramount, and it is the supreme law of the land,” said Graham.

Attorneys for the Muscogee Creek Nation Citizenship Board argue:

The tribe has the existential right to determine its own membership.

The retained rights doctrine allows them to determine what rights the tribe gives.

The language of the Treaty doesn’t have a perpetual right to citizenship for Freedman.

In a statement, Muscogee Creek Nation said,

“We’re grateful to the Court for its thoughtful attention to this matter. We have full confidence in our Nation’s judicial system and trust the Court will carefully weigh the facts, the law, and the Constitution of the Muscogee (Creek) Nation. Our position is rooted in our Constitution, which was adopted by our citizens in 1979 and defines citizenship as being “Muscogee (Creek) by blood.” That provision has guided our Nation for decades and reflects the will of the people through a democratic process. We believe that any change to our citizenship laws must come from our own citizens, not from outside interpretations. At the same time, we understand the importance of the Treaty of 1866. We believe the questions raised in this case deserve careful legal consideration and respectful dialogue. This is not about denying anyone’s story—it’s about honoring the processes and institutions that make self-government possible. As we wait for the Court’s decision, we call on our citizens and all those watching this case to remain respectful, thoughtful, and united in support of our Nation’s sovereignty and laws."

“We just want equality,” said Graham. “We're looking to be reconciled back with the nation."

Graham says about 5,800 Freedmen were on the original rolls, so thousands of descendants could get access to the tribe if the justices rule in their favor.

He says it could open up healthcare, jobs, and benefits to Freedmen.

Justices say they’ll take the case under advisement and issue a decision as soon as they can.

TIMELINE:

Creek Freedman trial timeline