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STATE EX REL. ASKEW v. MEIER

Civ. No. 9129.

231 N.W.2d 821 (1975)

STATE of North Dakota ex rel. Bonnie ASKEW et al., Petitioners, v. Ben MEIER, as Secretary of State of the State of North Dakota, Respondent.

Supreme Court of North Dakota.

Rehearing Denied July 30, 1975.

Attorney(s) appearing for the Case

R. W. Wheeler and Kent A. Higgins, Bismarck, and Alice Olson, Senior Law Student, for petitioners, argued by Olson.

Owen L. Anderson, Sp. Asst. Atty. Gen., Bismarck, for respondent Secretary of State.

Elton W. Ringsak, Grafton, for referral committee.

VOGEL, Justice.

The question before us is whether the ratification by the Legislature of the Equal Rights Amendment can be the subject of a referendum, either binding or advisory.

The Forty-fourth Legislative Assembly of the State of North Dakota, during its regular 1975 Session, passed Senate Concurrent Resolution No. 4007, which reads:

"WHEREAS, the 92nd Congress of the United States of America at its second Session, in both Houses, by a constitutional...

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