The Supreme Court of the Muscogee (Creek) Nation on Wednesday affirmed a lower court ruling finding that descendants of formerly enslaved people are eligible for tribal citizenship.

Appellants, the Muscogee (Creek) Nation Citizenship Board, argued that the Nation’s sovereign immunity was violated by the district court when evidence was brought for consideration by the district court that was not before the board during its proceedings. The court found that whether the district court considered evidence not presented to the board was “immaterial” to its ability to render a decision since its “review is conducted without deference” to the district court.

The court reasoned that the citizenship board acted reasonably and did not violate the “arbitrary and capricious” standard from the Administrative Procedures Act. According to the court, the citizenship board acted under the advice of the Nation’s Office of the Attorney General, and it was reasonable for the board to deny citizenship applications per its understanding of the nation’s laws.

However, the court found that the citizenship board acted “contrary to law” when it denied citizenship to “any lineal descendant of the Creek Freedmen Dawes Roll.” The court determined that any reference to citizenship being limited “by blood” in the 1979 Muscogee (Creek) Nation Constitution and other sources of law was void. Article II of the Treaty of 1866 ended slavery in the nation and afforded citizenship to formerly enslaved people. Thus, the court held that limiting citizenship “by blood” violates the Treaty of 1866, which is the “supreme law of the land under both federal and Mvskoke law.”

The lawsuit began when the respondents, Rhonda Grayson and Jeffrey Kennedy, filed a lawsuit in the US District Court for the District of Columbia requesting an order to require the Oklahoma-based Muscogee (Creek) Nation to recognize their citizenship according to the Treaty of 1866. The district court dismissed the case without prejudice, ruling that the respondents should first exhaust all tribal remedies.

After applying for citizenship and being denied for “failure to identify a lineal descendant,” respondents brought a petition in the Muscogee (Creek) Nation District Court. In the order by the district court, the court found that the citizenship board had acted “contrary to the law” and remanded the matter to the board for reconsideration according to the Treaty of 1866. The appellants appealed the decision to the nation’s highest court.

Since the Muscogee (Creek) Nation Supreme Court has affirmed the district court decision, the citizenship board will have to reconsider the citizenship applications of the respondents according to the court’s ruling.