Law

Cherokee Freedmen restored to membership for now

The Cherokee Nation of Oklahoma has agreed to restore the citizenship rights of 2,700 African descendants pending appeals in the tribal court system.

The temporary injunction will allow the Freedmen to receive tribal services and to vote in a June 23 election. It only applies to a tribal court lawsuit and not to a federal lawsuit.

Tribal members voted March 3 to change the constitution in order to deny citizenship to the Freedmen. The move overrode a tribal court decision that said the Freedmen were members because their ancestors appeared on the Dawes Roll.

Cherokee Chief Chad Smith, who advocated for the removal, is facing re-election in June. One of his opponents is Stacy Leeds, the judge who wrote the Freedmen decision.

In the federal lawsuit, Freedmen descendants have asked the court to halt federal funding to the Cherokee Nation. The tribe wanted the case moved out of Washington, D.C., but the judge denied the motion, a lawyer for the Freedmen said.

Get the Story:
Are Cherokee leaders bowing to pressure? (The Oklahoman 5/15)
pwpwd
Cherokee Freedmen: Tribe reinstates citizenship until appeals finished (The Tulsa World 5/15)
Tribe allows Freedmen temporary citizenship (The Tahlequah Daily Press 5/15)
Tribe to restore freedmen (The Muskogee Phoenix 5/15)

Cherokee Nation Documents:
Cherokee Nation's Attorney General Statement (May 14, 2007) | Temporary Court Order And Injuction (May 14, 2007)

Federal Court Briefs:
Motion for Preliminary Injunction (May 8, 2007) | Memorandum in Support (May 8, 2007)

BIA Letter:
Carl Artman to Cherokee Chief Chad Smith (March 28, 2007)

Sovereign Immunity Court Decision:
Vann v. Kempthorne (December 19, 2006)

Jim Cason Letter:
Cherokee Nation Constitution (August 30, 2006)

Cherokee Nation Judicial Appeals Tribunal Decision in Freedmen Case:
Allen v. Cherokee Nation (March 7, 2006)

Relevant Links:
Cherokee Nation - http://www.cherokee.org
Freedmen Of The Five Civilized Tribes - http://www.freedmen5tribes.com
Freedmen Conference - http://www.freedmenconference.com

Related Stories:
Cherokee Freedmen protest ouster from tribe (5/14)
Cherokee leader: Freedmen case not winnable (5/11)
Cherokee Freedmen back in court over ouster (5/11)
Freedmen ouster stirs passions at law conference (4/26)
Cherokee Nation considers anti-Freedmen funds (4/18)
Cherokee Nation chief took money from Abramoff (4/12)
Freedmen protest removal at BIA office in Oklahoma (4/11)
Rolo: Cherokee Nation blasted for ousting Freedmen (4/4)
Graham: Cherokee Nation tarred with 'racist' label (4/2)
Cherokee Freedmen protest ouster from tribe (3/28)
Opinion: Ouster of Freedmen is Cherokee business (3/23)
Opinion: Outrage over ouster of Cherokee Freedmen (3/22)
Marilyn Vann: Loss of Cherokee Nation citizenship (3/21)
Website Review: The revolt of the Black Seminoles (3/20)
Column: Freedmen still slaves to Cherokee Nation (3/19)
Opinion: Cherokees have a right to oust Freedmen (3/19)
Opinion: Cherokee Freedmen play the race card (3/19)
Opinion: Racism exists within Cherokee Nation (3/15)
Congressional Black Caucus backs Freedmen (3/14)
Tim Giago: Cherokee Nation votes out Freedmen (3/12)
Opinion: Cherokee Nation ignores own treaty (3/12)
Opinion: Cherokee Nation takes the lower road (3/12)
Chad Smith: Cherokee Nation tolerant of many (3/9)
Column: Cherokee Nation loses moral ground with vote (3/9)
Editorial: Ouster of Freedmen a low point for Cherokees (3/8)
Freedmen to challenge ouster, Cherokee funding (3/7)
Commentary: Cherokee blood spread far and wide (3/7)
Slate: What's so good about being Cherokee? (3/6)
Cherokee Nation kicks out Freedmen descendants (3/5)
Cherokee Nation heads to polls to decide on Freedmen (3/2)
Chad Smith: Cherokee Nation not based on race (3/2)
Editorial: Ouster of Freedmen a sign of elitism, fear (3/2)
Voice of America: Cherokees to vote on Freedmen (2/27)
Judge won't halt Cherokee Freedmen vote (2/22)
Freedmen in court to halt Cherokee Nation vote (2/21)
Freedmen ask federal court to halt Cherokee election (2/5)
Cherokees in California want to be part of community (01/16)
Ouster of Cherokee Freedmen an issue in California (1/15)
Election to oust Cherokee Freedmen delayed (1/3)
Cherokee Freedmen win ruling against tribe (12/20)
Cherokee Chief: Tribe to vote on Indian blood (12/06)
USA Today: Tribes remove thousands from rolls (11/29)
Cherokee court hears dispute over Freedmen vote (11/27)
Cherokee court to consider Freedmen referendum (11/20)
Freedmen descendant sues over citizenship change (11/03)
Cherokee Freedmen to challenge removal (10/10)
Cherokee chief calls vote on removing Freedmen (10/9)
Cherokees defend right to kick Freedmen out of tribe (09/21)
Cherokee chief rejects need to approve constitution (09/11)
Cherokee Nation questioned on Freedmen vote (9/7)
Petition to oust Cherokee Freedmen submitted (08/15)
Petition seeks vote on ousting Cherokee Freedmen (07/31)
Cherokee Nation to vote on blood quantum change (6/13)
Cherokee Nation council debates blood quantum (6/12)
Cherokee Nation's top court approves constitution (6/9)
Cherokee committee approves membership proposal (05/16)
About 800 Cherokee Freedmen enrolled since decision (05/01)
Cherokee chief sued over vacant legal position (04/13)
Cherokee chief criticized for stance on Freedmen (4/6)
Two Creek Freedmen apply for citizenship after ruling (03/22)
Creek Freedmen see opening in citizenship dispute (3/21)
Cherokee chief calls for an 'Indian' Nation by blood (3/20)
Cherokee chief criticized for stance on Freedmen (3/17)
Cherokee chief wants Freedmen out of tribe (3/15)
Editorial: Victory long overdue for Cherokee Freedmen (3/10)
Cherokee Nation to enroll Freedmen descendants (3/9)
Cherokee Freedmen win tribal citizenship lawsuit (3/8)
Cherokee chief wants to sue BIA over constitution (02/15)
Freedmen descendants shut out of Cherokee Nation (11/22)
Trial concludes in Freedmen membership case (09/15)
DNA tests being used to bolster Indian heritage claims (08/30)
Ex-Cherokee councilors fined for Freedmen support (08/23)
Freedmen descendants use DNA to show Indian blood (06/03)
Column: Civilized Tribes owe reparations to slaves (03/11)
Cherokee Nation seeks role in Freedmen lawsuit (02/21)
Cherokee leaders blast Coburn for 'divisive' remarks (9/17)
Cherokee Freedmen caught in high-level dispute (8/20)
Cherokee Nation chief sworn in for another term (8/15)
Seminole Freedmen rebuffed by Supreme Court (06/29)
Cherokee Freedmen sue BIA for disenfranchisement (8/12)
Court tackles Seminole dispute (9/24)
The Seminole Nation's hanging chad (8/8)
Resolution of Seminole dispute sought in court (5/28)
Court decision rocks Seminole Nation (5/8)
Seminole's Chief Haney restored to power (5/7)
Black Seminole appeal planned (5/1)
Black Seminoles dealt setback (4/30)
Opinion: Seminole Nation always black (4/22)
A fight over funds, race (4/4)
Seminole Head Start funds OKed (2/6)
Seminole changes sought again (1/16)
Ousted Seminole leader sues tribe, BIA (12/14)
Black Seminole issue still divisive (10/29)
Suspended Seminole Chief to sue (6/27)
Seminole Chief Haney suspended (6/26)
Race part of Seminole dispute (1/29)
Seminole voters approve changes (7/7)
Seminole vote may affect Freedmen (7/7)