Voters to Decide Hot-Button Ballot Issues

Oct. 30, 2008— -- From abortion to affirmative action to gay marriage, more than 150 hot-button social issues will be on the ballot in 35 states this Election Day.

Whether named a ballot measure, ballot initiative, proposition or referendum, the collective legislation puts state or local policy decisions in the hands of pencil-wielding or touch-screen-pushing voters.

One state could set up the Supreme Court to revisit the landmark Roe v. Wade decision if its abortion initiative passes.

If passed, the South Dakota measure, Initiative Measure 11, would prohibit all abortions, except in cases where the procedure would prevent the death or serious health risk to the mother, or in cases of rape or incest.

In 2006, South Dakota voters rejected a similar measure that did not include provisions for victims of rape or incest, or for the health of the mother. This year's attempt spells out exceptions to address those issues.

For the health of the mother, a physician would need to make the determination that an abortion is medically necessary because of "serious risk of a substantial and irreversible impairment of the functioning of a major bodily organ or system" of the woman.

In cases of rape or incest, the mother would need to identify the violator and take a DNA test to prove it is his child.

Abortion is also on the ballot in California and Colorado. California's Proposition 4 would require parental notification for abortions for minors. In Colorado, Amendment 48 will would define the term "person" to include a human egg at the moment of fertilization.

Gay marriage is the big issue in California. If the state's Proposition 8 passes, California would amend its constitution to specify that only marriage between a man and a woman is valid or recognized.

Earlier this year the state's Supreme Court overturned a 2000 gay marriage initiative. That decision allowed thousands of gays and lesbians to be legally married in that state.

The latest polls show the vote tilting towards entering a ban on same sex marriage into the California constitution. But if the measure passes, it's unclear what implications it might have for those couples married since the high court's earlier decision.