The Muscogee Nation Supreme Court heard arguments Tuesday around the rights of people descended from the tribe’s former slaves.
Jeffrey Kennedy and Rhonda Grayson are seeking tribal citizenship because their ancestors were slaves. But the Nation opposes their bids.
Attorney Dean Luthey argued deciding who gets to be a tribal citizen is the ultimate issue of sovereignty.
“A tribe’s right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community,” Luthey said.
The tribe is pointing to its 1979 constitution that says citizenship is only available to those who are “Indian by blood.”
Arguing for the descendants, attorney Jana Knott said a 19th century agreement is nonetheless still in effect.
“The Treaty of 1866 has never been abrogated and remains the supreme law of the land. Article 2 of the treaty guarantees that Creeks of African descent and their descendants shall have and enjoy all the rights and privileges of Native citizens and the laws of the nation shall give equal protection to all such persons,” Knott argued.
Article 2 of the treaty deals with the outlawing of slavery and reparations for slavery.
A lower court affirmed the descendants in 2023. District Judge Denette Mouser ruled the treaty must be honored, noting that freedmen walked the Trail of Tears alongside tribal members.
Chief Justice Andrew Adams III said the court will render a decision soon.
