North Dakota's Supreme Court is refusing to block a June election on whether the University of North Dakota should keep its Fighting Sioux nickname.
The court's ruling clears the way for a referendum about whether UND must continue using the nickname and a separate American Indian warrior profile logo.
The measure goes to a statewide vote June 12. If Fighting Sioux supporters lose, UND intends to drop the nickname and logo.
North Dakota's Board of Higher Education contends the Fighting Sioux law violates its constitutional power to oversee the state's public college system. The board had asked the Supreme Court to invalidate the law and remove the referendum from the ballot
The NCAA considers the Fighting Sioux nickname offensive, and will penalize the school as long as it is kept.