South Dakota abortion ban fails

South Dakotans rejected a toughest-in-the-nation law that would have banned virtually all abortions, even in cases of rape and incest – defeating one of the most high-profile state measures facing voters Tuesday.

The outcome was a blow to conservatives, who also had cause for worry in Arizona. An amendment to ban gay marriage was trailing there with returns nearly complete; it would be the first defeat for such a measure after prevailing in more than two dozen states in recent years.

Five states approved increases in their minimum wage, while Arizona passed four measures targeting illegal immigrants, including one making English the state’s official language. In Michigan, voters took a swipe at affirmative action, deciding that race and gender should not be factors in deciding who gets into public universities or who gets hired for government work.

In Missouri, returns were too close to call on a proposed amendment allowing stem cell research. It had been a factor in the crucial Senate race there, with incumbent Republican Jim Talent opposing the measure and Democratic challenger Claire McCaskill supporting it.

Nationwide, a total of 205 measures were on the ballots in 37 states, but none had riveted political activists across the country like the South Dakota abortion measure. Passed overwhelmingly by the legislature earlier this year, it would have allowed abortion only to save a pregnant woman’s life.

Lawmakers had hoped the ban would be challenged in court, provoking litigation that might eventually lead to a U.S. Supreme Court reversal of the 1973 Roe v. Wade decision legalizing abortion.

In Ohio and Arizona, anti-smoking activists won showdowns with R.J. Reynolds Tobacco. Voters in each state approved a tough ban on smoking in public places and rejected rival, Reynolds-backed measures that would have exempted bars.

Nevada and Colorado voters rejected measures that would have legalized possession of up to an ounce of marijuana by anyone 21 and older. A winning measure in Rhode Island will restore voting rights to felons on probation and parole.

Elsewhere, land use was a hot issue, part of a backlash against a 2005 Supreme Court ruling allowing the city of New London, Conn., to buy up homes to make way for a private commercial development.

Seven states approved eminent-domain measures barring the government from taking private property for a private use. Arizona’s winning measure went a step further, requiring state and local authorities to compensate property owners if land-use regulations lowered the value of their property.

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