Tribal

 

Attorney Damario Solomon-Simmons, center, stands with Creek Freedmen plaintiffs Jeff Kennedy, left, Rhonda Grayson, center right, and Creek Freedmen Sharon Lenzy Scott outside the Muscogee (Creek) Nation citizenship office in Jenks, Oklahoma, Sept. 29, 2023. Photo: Albi /Black Wall Street Times

OKMULGEE, Okla.–The Muscogee (Creek) Nation Supreme Court released an order Monday (April 28) scheduling oral arguments in a case that will decide whether to uphold or reverse a tribal district ruling that that reinstated citizenship eligibility to Creek Freedmen descendants.

The oral arguments hearing, scheduled for June 20 at 10:00 a.m. CST, paves the way for the Muscogee Nation Attorney General to challenge the decision to reinstatement Creek Freedmen descendants into the tribal nation of their ancestors.

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Justice for Greenwood, led by national civil rights attorney Damario Solomon-Simmons, has been fighting in the courts for years on behalf of a community and history many people outside of Oklahoma don’t even know. Black Creeks, by blood, lineage or otherwise, were instrumental in the forming of Greenwood’s Black Wall Street.

“Our team is focused on preparing for the argument as we believe we are closer than ever to finally securing citizenship for the Creek Freedmen,” Jana Knot, an attorney on the plaintiffs’ legal team, told the Black Wall Street Times.

The Black Wall Street Times reached out to the office of the Muscogee (Creek) Nation Attorney General. A representative said the office would not discuss it because it’s an ongoing case.

“We can’t discuss that case because it’s ongoing, and it’s on appeal, so we can’t discuss it with you,” the representative said.

Muscogee Nation AG seeks to reverse ruling for Creek Freedmen

In a historic move on September 27, 2023, Muscogee Nation District Judge Denette Mouser ruled in favor of Rhonda Grayson and Jeff Kennedy, who sued the tribe’s citizenship board for denying their right to apply for citizenship.

Almost immediately, Muscogee Nation Attorney General Geri Wisner appealed the ruling in a legal battle to keep Freedmen out of the tribe. She was quietly sanctioned by Muscogee (Creek) Nation District Judge Mouser months before the ruling for attempting to intimidate the judge.

In one hearing, AG Wisner placed a document on the judge’s desk that described how to recall a judge.

“Thus, the Court’s only inference can be that the true motive of such action was at worst a veiled threat of removal from the bench, or at best an attempt to intimidate the Court prior to its ruling on Plaintiffs’ motion and/or prior to rendering final judgement,” Judge Mouser stated in her sanction order.

Creek Freedmen attorneys ‘extremely pleased’ case will move forward

Monday’s (April 28) order moving the case forward comes after the case had been stalled for months while the tribe’s high court decided a separate issue. In question was whether the tribe’s National Council had the authority to pass a new law appointing special justices.

“The Court finds that the appointment of a Special Justice … is unconstitutional and unenforceable,” it stated in an April 22 opinion.

Palmer Scott is a Muscogee (Creek) Nation citizen and an attorney. He’s attended several protests and court hearings in the case in support of Creek Freedmen citizenship.

“The National Council’s role is confined to confirming judicial nominations and creating inferior courts; it possesses no authority to impede the Court’s exercise of its constitutional jurisdiction,” Scott told the BWS Times.

“In this instance, the rule of law has prevailed in the highest court of our Nation, and I remain confident that justice will be delivered to the Freedmen, consistent with promises embodied in our Treaty,” Scott said.

“The litigation team is extremely pleased with the Court’s ruling, finding NCA 24-77, the “Special Justice” law, unconstitutional and unenforceable,” Knot said.

‘It’s my birthright’

Grayson and Kennedy, along with all Creeks who descend from ancestors listed on the segregated Freedmen Dawes Rolls, were expelled from the tribe in 1979 after the voting in of a new constitution. Freedmen descendants weren’t able to participate in that vote.

Judge Mouser’s Sept. 2023 court ruling affirmed that the 1866 Treaty between the U.S. Government and the Muscogee (Creek) Nation remains the supreme law of the land.

After the tribe’s role in supporting the Confederacy during the Civil War, the treaty affirmed the tribe’s reservation boundaries and made it promise to include Creek Freedmen and their descendants as full citizens with equal rights forever.

“It’s important to me because it’s my birthright,” Creek Freedmen plaintiff Rhonda Grayson told Muscogee Nation District Judge Denette Mouser.