The Oklahoma Supreme Court on Tuesday ruled against a tribal citizen seeking to avoid paying state income tax, restricting the impact of the nation's highest court's controversial 2020 McGirt decision.
Gov. Kevin Stitt said,
"This is a big win for the future of Oklahoma. From day one, I've fought to make sure every Oklahoman is treated equally," Stitt said in a statement. "Tribal governments, liberal groups, and some elected officials have pushed for special tax exemptions that would create a two-tiered system — one set of rules for tribal citizens and another for everyone else. That's wrong. It would divide our state and weaken the public services every family relies on. This ruling makes it clear that attempts to expand McGirt into civil and tax matters have no basis in the law. We are one Oklahoma. And as long as I'm Governor, we aren't going backwards."
A review of McGirt... McGirt v. Oklahoma: A Summary of the Case and Its Historical Context Background and Historical Context The McGirt v. Oklahoma case, decided by the U.S. Supreme Court on July 9, 2020, is a landmark decision in federal Indian law, addressing tribal sovereignty and criminal jurisdiction in Oklahoma. The case centers on the Muscogee (Creek) Nation's reservation and its implications for state versus federal/tribal authority over criminal prosecutions. Its roots trace back to the 19th century, when the U.S. government forcibly relocated the Five Civilized Tribes (Cherokee, Choctaw, Chickasaw, Creek, and Seminole) from their southeastern homelands to Indian Territory (modern-day Oklahoma) via the Trail of Tears. The 1833 treaty with the Creek Nation promised a "permanent home" for the tribe, with assurances that no state would govern their lands, allowing self-governance. When Oklahoma became a state in 1907, it assumed criminal jurisdiction over much of the former Indian Territory, including lands reserved for the tribes, despite treaties suggesting otherwise. This practice went largely unchallenged until the McGirt case, which questioned whether the Creek Nation's reservation was ever legally disestablished by Congress. The Case Jimcy McGirt, a Seminole Nation citizen, was convicted in 1997 by an Oklahoma state court in Wagoner County (within the historic Muscogee (Creek) Nation boundaries) for serious sex crimes against a minor, receiving a 500-year sentence and life without parole. McGirt later sought post-conviction relief, arguing that Oklahoma lacked jurisdiction to prosecute him because, as a Native American, his crimes occurred on the Creek Nation's reservation, which he claimed was "Indian country" under the Major Crimes Act (MCA). The MCA (18 U.S.C. §1153) grants exclusive federal jurisdiction over certain major crimes committed by Native Americans in Indian country, defined to include reservation lands (18 U.S.C. §1151).
Finally... Tulsa Mayor Monroe comes to an agreement with the Muskogee Nation. How will this impact Oklahomans? What does Tulsa Police Department think of it?
The settlement reads:
"In the best interest of public safety and inter-governmental cooperation, and to settle this matter in lieu of litigating disputes over jurisdiction, the city agrees that it will not exercise criminal jurisdiction over Indian defendants on the (Muscogee) Nation's reservation... This agreement does not preclude the city from exercising criminal jurisdiction pursuant to any lawful, valid and duly authorized delegation of authority from the nation to the city, including law enforcement activities undertaken by the Tulsa Police Department pursuant to the parties' cross-deputization agreement."
