February 21, 1975

Representative G.F. Mortimer
1013 Kingsbury
Belle Fourche, South Dakota

OFFICIAL OPINION NO. 75-33

Can the Legislature withdraw their ratification of the Equal Rights Amendment?

Dear Representative Mortimer:

You have requested an official opinion as to power of the Fiftieth Legislature to withdraw the ratification of the Equal Rights Amendment, ratified by the Forty-eighth Legislature by Chapter 1, SD 1973.

The United States Supreme Court in Wise v. Chandler 207 Ky. 1, 108 SW 2d 1024, 1033, cert dismd 307 U.S. 474, 83 L. Ed. 1407, 59 S. Ct. 992 said:

We think the conclusion is inescapable that a state can act but once, either by convention or through its Legislature, upon a proposed amendment; and, whether its vote be in the affirmative or be negative, having acted, it has exhausted its power further to con­sider the question without a resubmission by congress.

Therefore, in light of the fact that cetified copies of Chapter 1, SL 1973 have been forwarded to the Secretary of State of the United States, to the presiding officers of both Houses of Congress of the United States, and to the administrator of the United States General Services Administration, it is my opinion that this Legislature or any future Legislature is without authority to withdraw the previous ratification of the Equal Rights Amend­ment.

Respectfully submitted,

WILLIAM J. JANKLOW
ATTORNEY GENERAL

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