In a landmark decision on Wednesday, the Muscogee (Creek) Nation Supreme Court upheld a lower court's ruling that allows descendants of formerly enslaved people, known as Creek Freedmen, to be eligible for tribal citizenship. This ruling addresses long-standing issues regarding the interpretation of the Nation's laws and its historical treaties.

The case emerged after the Muscogee (Creek) Nation Citizenship Board denied the applications of Rhonda Grayson and Jeffrey Kennedy on the basis that they failed to prove descent "by blood." They took their case to the US District Court for the District of Columbia, which redirected them to exhaust tribal remedies first. Following their application's initial rejection, the district court found the citizenship board's actions to be "contrary to law," citing the Treaty of 1866 which ended slavery within the nation and granted citizenship to the freedmen.

The appellants, represented by the Citizenship Board, argued that the district court had overstepped by considering evidence not initially presented to them. However, the Supreme Court dismissed this claim, emphasizing that their review does not defer to the district court and that the board's denial was unreasonable under the guidelines of the nation’s laws advised by the Nation’s Office of the Attorney General.

In its decisive opinion, the Supreme Court pointed out that any clauses in the Muscogee (Creek) Nation Constitution or other legal documents that limit citizenship "by blood" are null and void. This interpretation adheres to the Treaty of 1866, which the court reaffirmed as the "supreme law of the land under both federal and Mvskoke law."

This ruling not only reaffirms the rights of Creek Freedmen descendants to be recognized as citizens but also clarifies the application of historical treaties in contemporary governance. As a result, the Citizenship Board has been instructed to reconsider the applications of Grayson, Kennedy, and potentially hundreds more, aligning with the principles set forth in the 1866 Treaty.

This decision marks a significant moment in the Muscogee (Creek) Nation’s history, potentially setting a precedent for how treaties and laws pertaining to indigenous and Freedmen descendants are interpreted and honored in tribal nations across the United States.