If the majority votes 'yes,' the measure would remove the need for the Choctaw Nation to seek out the Department of the Interior for approval when making constitutional amendments.
The tribe argues the move will "further strengthen the Nation's ability to make, amend and be governed by its own laws."
Some opponents also argue it could impact the status of same-sex marriage within the tribe, according to reporting by nonprofit news outlet NonDoc.
The Descendants of Freedmen of the Five… Tribes Association (DF5CTA) argues in a letter to federal officials that this measure could open the door for further exclusion of Choctaw Freedmen, who aren't allowed to vote on the measure.
"The letter was sent to stress U.S. government requirements to enforce 1866 treaty rights of Choctaw freedmen and that retaining Federal oversight of Choctaw Nation tribal constitutional amendments is critical," said Cherokee Freedmen and president of DF5CTA Marilyn Vann.
Currently, Choctaw Freedmen are limited in the sovereign rights they receive under the Choctaw Nation due to language in their constitution that defines Choctaw citizenship as "by blood" only. This exclusion includes individuals who are both Freedmen and of mixed tribal ancestry.
Under the 1866 treaty, Freedmen citizens are legally entitled to full citizenship under their respective nations. Currently, the Cherokee Nation is the only tribe that grants full citizenship to the descendants of former Freedmen.
Questions about how to enforce this compliance have arisen before, but concerns about encroaching on tribal sovereignty have prevented any legal initiatives from being passed.
In their letter, DF5CTA argues federal oversight is essential.
"I believe Federal oversight is essential to safeguard treaty rights of Choctaw freedmen and ensure that the United States upholds its trust responsibilities under the 1866 treaty," said Choctaw Freedman and DF5CTA member, Donald Harrison.
The Choctaw Nation argues the measure would strengthen their necessary sovereignty as a tribe.
"Removing this language strengthens the Nation's sovereignty by enabling the Choctaw Nation to be ruled by its own laws," a statement in the tribe's official FAQ says. "This proposal also amends the Article XVIl Oath of Office by removing 'the State of Oklahoma, and the United States of America' from the Oath of Office to be uniform and further strengthen the Nation's ability to make, amend, and be governed by its own laws."
The letter has been sent to Congress, the Bureau of Indian Affairs and Choctaw Nation leadership. The measure will be voted on July 12. More information about the election is available on the Choctaw Nation's website.
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