The Cherokee nation voted after the Civil War to admit the slave descendants to the tribe.
But on Monday, the Cherokee nation Supreme Court ruled that a 2007 tribal decision to kick the so-called "Freedmen" out of the tribe was proper.
Some 4,000 Indians died during the forced march, which became known as the "Trail of Tears."
"And our ancestors carried the baggage," said Marilyn Vann, the Freedman leader who is a plaintiff in the legal battle.
The tribal court decision was announced one day before absentee ballots were to be mailed in the election of the Cherokee Principal Chief.
"This is racism and apartheid in the 21st Century," said Vann, an engineer who lives in Oklahoma City.
Spokesmen for the tribe did not respond when asked to comment.
The move to exclude the Freedmen has rankled some African American members of Congress, which has jurisdiction over all Native American tribes in the country.
As a sovereign nation, Cherokee Nation officials maintain that the tribe has the right to amend its constitutional membership requirements.
Removal from the membership rolls means the Freedmen will no longer be eligible for free health care and other benefits such as education concessions.
(Editing by Cynthia Johnston and Greg McCune) http://kathmanduk2.wordpress.com/2008/08/07/the-freedmenwomen-and-the-cherokee-nation-conclusion/
Payment to Cherokee Freedmen : Letter from the Secretary of the Interior : Showing the Reason why the Payment to the Cherokee Freedmen Was Suspended
Marilyn Vann: the Black Cherokee advocate speaks on racism, tribal membership and the future of the Freedmen.(Q & A)(Interview): An article from: Colorlines Magazine
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