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July 7, 2012

Cherokee Nation counter-sued by federal government

TAHLEQUAH — The United States has filed a countersuit against the Cherokee Nation in an ongoing federal case to determine Freedmen descendants’ eligibility for tribal citizenship.

Filed Monday with the Northern District of Oklahoma, the federal government’s suit requests a decision that would allow the Freedmen descendants to retain their tribal citizenship rights and prohibit the Cherokee Nation from denying eligible Freedmen descendants those same privileges.

“Now we can move forward on this issue,” Principal Chief Bill John Baker said. “We will have everyone at the table and all issues will be presented so we can get a definitive ruling.”

In March 2007, the Cherokee Nation voted to amend its constitution to restrict tribal citizenship to people who could show they were a descendant of at least one person listed as Indian on the Dawes Rolls. A federal court order has kept the citizenship of about 2,800 Freedmen descendants intact pending the lawsuit’s outcome. A hearing date has not been set for the counter-suit.

“I look forward to having all interested parties in the same courtroom and getting a definitive resolution to this matter,” Attorney General Todd Hembree said. “Now we can finally get to the merits of the case and resolve it once and for all.”

 

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