Muscogee Freedmen descendants filed a lawsuit in federal court on Thursday, aiming to force the Muscogee Nation to acknowledge their tribal citizenship.
It's the latest move in a long legal fight for recognition led by Rhonda Grayson and Jeffrey Kennedy, who are both descendants of people once enslaved by Muscogee Nation citizens.
Made up of both descendants of formerly enslaved people and people who are partially of Muscogee and African descent, many Muscogee Freemen came to Oklahoma during the Trail of Tears, when the United States government forced the tribe's relocation. Descendants have repeatedly fought for tribal recognition, in and out of court.
In a landmark July 2025 decision, the Muscogee Nation Supreme Court unanimously ruled that descendants of Muscogee Freedmen were tribal citizens. The ruling rejected the tribe's "by-blood" language in its 1979 constitution as a lawful reason for citizenship denial. Under the Treaty of 1866, which says people enslaved by Muscogee citizens should "enjoy all the rights and privileges of Native citizens," Muscogee Freedmen should be granted citizenship, the court ruled.
A month after the Supreme Court ruling, Principal Chief David Hill signed an executive order pausing the issuance of citizenship cards to Freedmen descendants. He said the court overstepped its authority and that the tribe must update its laws before moving forward.
In the new court filing, Grayson, Kennedy and their legal team argue Hill and the Muscogee Creek Nation Citizenship Board have "flouted" the Supreme Court's order and "erected roadblocks at every turn."
Damario Solomon-Simmons, a Tulsa attorney who is also a Muscogee Freedman descendant, announced their plans to bring the issue to federal court during a press conference in Oklahoma City Thursday afternoon.
"We will not give this fight up until we get our birthright and get back the citizenship that is entitled to us pursuant to the [1866] treaty," he said.
Citizenship would allow descendants to have voting power and access healthcare, educational opportunities and other benefits tied to tribal recognition. Solomon-Simmons estimated there are about 100,000 descendants nationwide who would benefit from citizenship.
Before moving to federal court, attorneys petitioned the Muscogee Nation Supreme Court to enforce its previous ruling. The court denied the appeals, stating responsibility belongs to the executive branch.
In a statement, Hill said he and other Muscogee leaders would respond to the filing in court after reviewing its allegations.
"We are committed to ensuring that the Muscogee Nation's Constitution and laws are followed fairly and consistently," Hill said in a statement. "Getting policies right is always more important than getting them done quickly. Anything less would undermine the integrity of our governmental processes and the rights of our citizens."
Hill also said matters of Muscogee Nation law and governance should be addressed through the tribe's own courts and governmental institutions, according to federal law and legal precedent.
Grayson said a right that exists only on paper is not justice.
"The fight is bigger than any one of us," she said. "It belongs to every Black Creek Freedmen descendant who has carried this history, protected these stories and refused to let our identity be dismissed or diminished."
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
