Black Creeks Still Have Not Received Citizenship Cards

MUSKOGEE, Okla. — Months after winning their lawsuit, Black Creeks are back in court, this time in an attempt to compel the Muscogee (Creek) Nation (MCN) to comply with its own Supreme Court directive.
The Muscogee (Creek) Nation Supreme Court issued an order on July 23, 2025, ruling that Black Creeks who can trace their lineage under the Treaty of 1866 are entitled to citizenship in the Muscogee (Creek) Nation. The court ordered the nation’s Citizenship Board to issue citizenship cards to Black Creeks, and invalidated a 1979 amendment of the MCN Constitution which had revoked citizenship status for descendants of African Americans formerly enslaved by the tribe by declaring that only those who were Creek “by blood” would be granted citizenship.
Attorney Damario Solomon-Simmons argued that the tribe was obligated to grant citizenship to Black Creeks, also known as Freedmen, under the provisions of the Treaty of 1866. The MCN Supreme Court agreed, and directed the tribe to issue citizenship cards to the plaintiffs.
However, shortly after the court’s order, MCN Principal Chief David Hill issued an executive order pausing issuance of all citizenship cards. Hill claimed that the MCN would have to approve new laws and again amend its constitution before the citizenship cards could be issued.
On Dec. 18, nearly five months after the court’s ruling, the Freedmen filed again, asking the court to force the MCN to comply with its previous order.
The court’s ruling in July invalidated and voided any reference in the 1979 MCN Constitution to citizenship “by blood,” “meaning the ‘by blood’ references were invalid from their inception – as if they never existed,” reads the Freedmen’s new filing. “Therefore, any amendment to the Nation’s Constitution, statutes, or regulations is completely unnecessary to carry out this Court’s Order and Opinion. Chief Hill’s unlawful Executive Order No. 25-05 obstructs and delays enforcement of the Court’s decision.”
The MCN Supreme Court had required the nation’s Citizenship Board to submit monthly status reports to show what actions had been taken to comply with the court’s order. However, the MCN has demonstrated little effort has been made to comply with the court order.
The Citizenship Board’s first status report proposed that instead of simply issuing the cards, the nation’s tribal code must first be updated to reflect the MCN Supreme Court’s ruling regarding Freedmen citizenship, which would then need to be approved by the Muscogee National Council and Chief Hill. The Citizenship Board would also need to amend its internal policies and procedures once the code amendments are approved, according to the report, which offered no clear timeline for when those changes would go into effect.
“The Court required status reports only after citizenship was delayed,” said Solomon-Simmons. “Executive action cannot be used to further postpone enforcement of a final judgment. This filing asks the Court to protect its authority and ensure its order is carried out as written.”
“The Supreme Court’s order was explicit and final,” added Jana L. Knott, counsel for Black Creeks Rhonda Grayson and Jeff Kennedy. “The Court directed the issuance of citizenship and made clear that no further constitutional or legislative action was necessary. What remains is compliance.”
“We didn’t bring this case just for ourselves. We brought it for our families and for thousands of other Black Creeks who have already been confirmed and are still waiting. When the Court ruled, we believed that meant something. We’re still waiting for that promise to be kept,” said Rhonda K. Grayson, plaintiff and Black Creek.
“This isn’t about winning a case on paper. It’s about being seen and recognized in real life. The Supreme Court said we belong. We’re asking for that decision to finally be honored,” said Jeffrey D. Kennedy, plaintiff and Black Creek.