The ruling comes after Muscogee Freedmen have repeatedly fought for tribal recognition in and out of court alongside descendants from the Chickasaw, Choctaw and Seminole Nations.
The court ruled the tribe's "by-blood," language for citizenship requirements, the basis for denial of Freedmen applications, was unlawful under the 1866 treaty, which granted Freedmen citizenship status, and ruled the citizenship board must act accordingly.
"The matter is remanded to the Appellant, Citizenship Board, who is directed to apply the Treaty of 1866 and issue citizenship to the Respondents, and any other future applicant who is able to establish a lineal descendant on the Creek By Blood Dawes Roll, or the Creek Freedmen Dawes," the ruling said.
The case was originally heard in September by a Muscogee district court judge, who ruled in favor of Freedmen descendants Rhonda Grayson and Jeff Kennedy. The pair were initially denied citizenship in 2019.
The tribe appealed the decision, throwing the case into the hands of the Muscogee Creek Supreme Court.
The Muscogee Creek Indian Freedmen Band took to social media to celebrate.
"After 46 years of disenfranchisement, we can finally reclaim our birthright as citizens of the Muscogee Creek Nation and honor our ancestors," the statement said. "All descendants of the Creek Freedmen can now claim their birthright. We pray the ancestors are proud!"
A spokesperson for the tribe said the tribe may request to go back to court.
"We are currently reviewing the order to understand its basis as well as its implications for our processes. It may be necessary to ask for a reconsideration of this order to receive clarity so that we can ensure that we move forward in a legal, constitutional manner."
The tribe would become the second to grant citizenship to its Freedmen after the Cherokee Nation did so in 2017.
