Oral arguments set in Muscogee (Creek) Nation's fight over Hickory Ground

Photo Courtesy: Muscogee Creek Nation

(ATLANTA, Ga.) Nearly 200 years after the Muscogee (Creek) Nation was forcibly removed from its homelands in Georgia and Alabama, the fight to protect its ancestors and sacred sites continues. A pivotal hearing is scheduled in a federal courthouse on September 25th as the Nation seeks justice for its ancestors who were buried at Hickory Ground, a historically significant site in Wetumpka, Alabama.

Before the forced relocation to Indian Territory, Hickory Ground served as the capital of the Muscogee (Creek) Nation. Today, although the Muscogee Reservation lies in Eastern Oklahoma, the Tribe remains deeply connected to this ancestral homeland. The site’s historical and spiritual importance is at the heart of a legal battle involving the desecration of buried ancestors.

Accusations of Desecration

The Muscogee (Creek) Nation has accused the Poarch Band of Creek Indians, along with several federal agencies, of desecrating the remains of Muscogee ancestors buried at Hickory Ground. According to the MCN, these remains were excavated and reburied elsewhere to make way for the construction of a casino–a move the Muscogee (Creek) Nation claims was done without its permission and in violation of several federal laws. The Nation also attests that some cultural items, including human remains, are still in storage.

The MCN argues that this action violated the Native American Graves Protection and Repatriation Act, the National Historic Preservation Act, and the Archaeological Resources Protection Act, which are meant to protect historic and cultural sites like Hickory Ground.

Legal Battle and Dismissal

In December 2012, the Muscogee (Creek) Nation filed a lawsuit against the Poarch Band of Creek Indians and the federal government, asserting these violations. However, the case was dismissed in 2021, with the court citing the Poarch Band’s sovereign immunity as the basis for its ruling.

Refusing to let the matter rest, the MCN filed an appeal. In July 2023, the Tribe submitted its opening brief, asking the Eleventh Circuit Court of Appeals to overturn the lower court’s decision.

The Muscogee (Creek) Nation will present its oral arguments on September 25th, urging the court to allow the case to proceed. The Tribe’s leadership has been vocal in their determination to secure justice for their ancestors.

“This struggle is not just about the past–it is about the present and the future,” said Mekko Thompson, the traditional Chief of Hickory Ground and a plaintiff in the case. “This is a universal human struggle. We stand united in our righteous determination to ensure that all sacred sites are respected and preserved. Decency demands it.” 

Candlelight Vigil and March for Justice

In addition to the legal proceedings, the Muscogee (Creek) Nation and its supporters will hold several events to honor the ancestors and raise awareness. A Candlelight Vigil will take place on September 24th from 7:00 PM to 9:00 PM at Robert Woodruff Park in Atlanta. This vigil is intended to pay tribute to the desecrated ancestors and gather strength for the fight ahead.

The following morning, on September 25th, the March to Justice will begin at 6:45 AM at 111 Cone St. NW in Atlanta. Supporters will walk together in solidarity to the Eleventh Circuit Court of Appeals.

MCN Principal Chief, David Hill, has also spoken about the significance of this case, noting the Tribe’s unwavering resolve.

“We fight because it is just to fight. We will not stop until our ancestors have received justice and this sacred site is preserved from any further desecration,” he said.

The march will conclude at the courthouse, where the Muscogee (Creek) Nation will present its arguments before the Eleventh Circuit Court of Appeals.