>> stewart and his husband, john, tied the knot during that brief period of time that same-sex marriages were legal. before 2008. and this today's decision by the appeals court is not much of a surprise to backers of the ban. >> the 9th circuit is a tough place to be. it's the most liberal circuit in the federal court. we knew we'd have a tough go in san francisco. >> there are three judges that mentioned the president's interview with abc news anchor robin roberts saying in their written dissent when the president announced his support for same-sex marriage he said one of the things he'd like to see is that the conversation continue in a respectful way. backers will appeal to the u.s. supreme court. >> this is not a defeat, but

another step in the process we know we have to go through in order to make our way to the supreme court. >> this is consensus that this discrimination is wrong. it must not stand. >> abc 7's dean johnson says for the u.s. supreme court this case would be bigger than same-sex marriage. what he thinks is at stake coming up on abc 7 news at 6:00. >> there is a brush fire that out after coming close to homes in that area. as of now we're told fences were damaged but the fire did not reach homes on bridge view drive and this is what it looked like from our tower cam. the cause of the brush fire is under investigation. >> there is a police standoff

ended peacefully. an armed man barricaded himself, holding a family hostage. police say he broke into the home after officers tried to pull over their stolen vehicle he was in. and a third man got away. hostages in the home were let go from br midnight a dispute over a punishment handed out to high school students who carried out a prank is being settled in an east bay courtroom now. parents of the heritage hawaii school seniors filed suit against the brentwood school for not allowing them to take their final exams. 30 students were suspended for five days for vandalizing the school with paint. parents oppose the decision that lets students return to school tomorrow. they sfai the students can't makeup yesterday's and today's tests they will not graduate. >> there is today is election

day. here is a look at races and issues. there is proposition 29 adding $1 a tax on cigarettes and correctional district races is 8 0e-year-old democratic incumbent pete stark and in the 2nd district 12 candidates are running to replace lynn woolsy. and there is measure a opening the garage contract to competitive bidding. measures t, u, and x are tax issues and there is parcel sales tax increases on the ballot. >> voters are selecting the top two candidates regardless of party that will advance to the general election in november. there is.

>> it looks like the preduxs of -- predictions of low voter turnout may come true. workers planned for crowds just in case. the plans where unnecessary. >> if you'd been here four years ago, at this time of the election would you have seen hundreds of people in line, waiting to vote. today there is nobody in the hall ways. >> and. >> why are you voting today? i'm not. you got me. sorry. >> i don't know bit. i didn't know we're supposed to vote today. >> not today. no. i have other business to take care oof there is nothing getting peoples attention. >> there is something new. for the first time, california is a top two primary. meaning winners will against to the general election.

>> this is a big change for people. i don't know people have been confused about it. >> in a neighborhood polling place there are more voters than downtown. and the crowds were thin compared to last elections. those that showed up to vote on propositions and candidates say they won't miss it. >> this doesn't take exciting elections to get me out to vote. >> for the first time in alameda county the ballot is now available in vietnamese and tagalog. polls are open until 8:00. >> and there is a reminder to stay with abc 7 news for the election results. and polls close at 8:00 tonight. abc 7 news will be tweeting throughout night. you can follow us on twitter. >> and coming up in our next half hour, we'll take a look at biggest national races taking place today.

>> now, a first look at the forecast. >> yes. there is spencer christian here with that. >> clear, cool pleasantly breezy kind of day. and skies continuing to clear during overnight hours. there is cool, breezy temperatures from upper 40s to mid-50s then during overnight cooling down further, bright sunny skies and temperatures from low 40s into coolest spots. places like north bay valleys to low 50s into milder locations. afternoon tomorrow, warm up begins and there is low 60s up to about 80 degrees and there is more warming to come our way. i'll have the accu-weather forecast coming up later. >> thank you. >> and why researchers say couple that's sleep in the same bed could northbound better health. >> first lady teams up with disney for a change in what kids see in between their

favorite show autos michael finney takes a look at the best lawn mowers for the money. >> checking traffic in downtown san francisco, there is a skyway. it's the usual crawl left to right. heading lower deck of the bay bridge. better for those folks heading southbound towards 101. stay with us, there is more still to come on

hmm, it says here that cheerios helps lower cholesterol as part of a heart healthy diet. that's true. ...but you still have to go to the gym. ♪ the one and only, cheerios

checking healthy living news an adult's risk of developing skin cancer may have something to do with how they were treated as a child. a study determined chimpb abused or neglects by parents suffered from a lower immune response lasting their entire life time. researchers looked at people diagnosed with

carcinoma and those who said they were mistreated as children showed a drop in immune response to tumors. here is a reason to keep sleeping with your partner even if they snore. researchers say sharing a bed could be better for your health than sleeping alone saying couples that snuggle up are more secure and less anxious, nearly one in four couples sleeps in separate bedrooms. >> and there is a big announcement from disney. walt disney chair bob iger announced by 2015 the disney channel and other stations will no longer run advertise manies for junk food on shows aimed at children. the ban will extend to disney's web site. she says that commitment will go a long way in fighting childhood obesity. >> they will no longer be bombarded with unhealthy

messages they will see ads for foods that we might actually want them to eat. >> disney plans to cut amount of sodium at disneyland and other theme park autos there is a battle over the traditional console versus social upstarts like zynga. we're live in today's after the bell report. >> this is underway and there is a show that tells you where gaming is going and here is a run down so far. nintendo is the only major console maker to unveil a product. and there are social features. and the company was light on details for the launch, however, and rivals microsoft and sony be not unveiling new

consoles instead, phasing out on content. microsoft spanning the sports and entertainment content offered for x box and introduced an application called x box smart last that is lengthed to consoles and tvs. sony adding movies and games like wonderbook, book of spells from jk rowling and announced a part snership with htcz sony, microsoft and nintendo trying to broaden their appeals facing a threat from games on smart phones and facebook. and there is meg whitmanman aj knowledged it's been a tough year and said the kind of turmoil hp had can take a toll

on companies and shareholders but i have been surprised that hp's remarks were a resilient company. as for what is next, whitman says the company is working to differentiate its self with partnerships, a broad product base and an emphasis on engineering. taking a look at numbers today, closing slightly higher, after reports showed the service industry were more than expected. your bloomberg silicon valley index was up, slightly. google and apple the only on the trading day. and shares keep falling. the stock down about 4% to close $25.87. and lawmakers want more information about plans to allow children to be members of sites. the co-chairman sent facebook a letter saying the rates of privacy had parental consent

issues. here in los angeles with bloomberg west, back to you in the studio. >> thank you. >> and good job to go play games in los angeles. >> pretty fun. >> and rain pushed out of here. >> it did. there is a couple sprinkles up into the north bay. there are clear skies and cool, breezy. there are puffs of clouds around as you can see here. over san francisco, with a a beautiful afternoon around the bay area. there is mainly dri. there are sprinkles or light showers on the far northern part of the viewing area up around clear lake and points north. but we're mainly dry and sunny skies. krts into low 60s, low to mid-60s around the bay. upper 60s to low 70s inland. 72 in santa rosa. 70 into inland east bay. these are the winds that we've

had gusts in spots now. not so wide spread as yesterday, but there are 38 miles per hour gusts at sfo. to 2 miles per hour gusts in mountain view. 26 half moon bay. 23 miles per hour winds in hayward. there is breezy but not nearly as windy. clear, cool tonight. sunny skies and warmer tomorrow, breezy conditions on friday. there is yesterday's weather maker moving inland. you can see high pressure nosing in to give us sunny skies and warmer conditions tomorrow, there is at 7:00 this evening, notice this little storm system to the north pushing into pacific northwest. it's rain remains north. and there is a forecast taking us into thursday morning you'll see that system bringing clouds back to the coast for us by thursday. and then, that sets up a pattern for windier conditions to develop on friday.

then, after that, there is a major warm up. and temperatures around 50 around the bay. and we'll see only mid 40s into parts of the north bay valleys, chilly, tomorrow, beginning to get a little bit milder still, high temperatures around 80 degrees and there is upper 60s to 70s around the bay. there is is the accu-weather forecast. after a cool down under breezy conditions friday, starting to warm up. sunday, inland highs mid-80s, 80s around the bay. mid-60s on the coast. there is a upper 80s to near 90s, monday, tuesday looks like what we consider a typical pattern. >> breezy, again. >> yes.

yes oo. and breezier than normal. >> yes. yes there is a system moving to the northwest thursday. tomorrow, and overnight tomorrow and into thursday. we'll set up a pattern friday. then, winds die down into the weekend. and there is probably calmer pattern after that. >> plin in a rare event taking place right now. it's called transit of venus. >> and wade freedman is live with important information on how you can see it safely. >> that and we're going to try to take a look ate too,. the trance yilt of venus is the most-rare of astronomical events. it doesn't happen often. most managed to miss it. but we're in the middle of it. all people here at the space and science museum looking at the sun but not directly.

and you shouldn't, either. this is a welder shield. i'm going to ask mark to tokeus here on the sun. it's going to be bright here, he tells me to put the child over that. and if you look at the dot that is the sun. everything else should look black ash around it. and there is another view from nasa. there is a tiny dot passing between sun and earth. this is the same mechanism as eclipse but smaller. this will be a six-hour transit. there is a one in 2004 and one today. they come in pairs. >> yes. >> this is in pairs eight years apart. those are separate bid 105 and 121 years. >> it thooz do with

alignments. meft of the time when venus passes between the earth and sun, this is either above or below the sun from our perspective. >> so we mean only four generations have seen these things since invention of the telescope meaning most human beings that have ever lived have never seen this. there is among the rare few in the human race. they're getting a fill of it. there is tonight's venus will continue transitting. there is a warning do not look directly. use a welder's shield. you can go down to a hardware store and buy it, then, you're safe. in oakland, abc 7 news. >> thank you. >> there is a cool view.

>> yes. yes. >> sounds awesome. >> coming up next on abc 7 news, adam sandler hits the red carpet. why he says some moms will be yelling at him. >> first, disturbing health news for sheryl crow. >> and there is a one of a kind graduation for a honor student battling a life long heart condition. >> checking traffic this almost looks like we're looking for a welder's shield now. it's not that dark out but that is the toll plaza aroach. smooth sailing now. stay with us. abc 7 news at 4:00 continues.

sheryl crow has a brain tumor but she says it's nothing to be worried about. it developed in the lining of the spinal cord and brain. she says it's benign and easy to treat. she fought breast cancer several years ago. she's on a nationwide tour. >> betty white has a wax figure, lindsay lohan channels he liz benl tailor and adam sandler hitting the red carpet. >> rachel smith has details for us in today's entertainment report. >> carpet was red but casual for adam sandler as he promoted his new comedy "that's my boy".

co-star andy sandberg suited up where the two celebrated their non-kid friendly movie. >> it's not family friendly. >> i'm not going to get as many moms saying my kid enjoy that had movie. i'm going get a mu moms yelling at me. it's rated "r". >> lindsay lohan just started shooting the upcoming elizabeth tailor movie. here is the first official photo showing lohan and bowler playing richard burton. >> betty white has been honored with a wax figure at madam tousseau's. >> it's a weird feeling and she won't look at me. she hasn't glanced at me one time. >> she's the oldest celebrity to get a figure at the museum.

and for her first interview go to otrc.com. i'm rachel smith in los angeles. >> oh. >> yes. >> and that is scary there. >> still ahead a partial victory for ross mirkarimi. we'll have details on what happened in court today. >> and then later introducing you to one of our abc 7 top scholars, she's a winner thopg use her knowledge to help impoverished communities. ♪

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a partial victory in court for ross mirkarimi and his wife. the judge ruled they won't have to turn over all of the phone records the lawyers initially requested. you'll remember dan noyes travels to venezuela for an exclusive interview with mirkarimi's wife, she took her son there to escape the scandal and to be close to family. vic lee joins us now. >> today was another court battle over what can be used as evidence in the ethics commission hearings. that one was not only over mirkarimi and lopez's phone records, but their text

messages as well. >> this happened yesterday. >> the judge ordered release of this video to mayor ed lee. as evidence in a fight to remove mirkarimi as sheriff. showing lopez crying over her rocky marriage and displaying a bruise. the video was subsequently released to the public. >> for a man who ran on a campaign of stability and decency, it's hard to see how he can go lower. >> now, a judge ordered at and t to turn over phone and tex records of mirkarimi ask lopez made over two weeks from december 31. the order alies only to calls and texts to, and from their neighbor ivory madison who shot the video. and lawyers say there is a

broader request to subpoena all calls and texes. >> there is going to get the date, time and duration that. is it. >> the city attorney says they need information to prove that mirkarimi tried to disswayed madison and others from cooperating with police. this city attorney says he made a call to lopez's husband, asking him to ask his wife to stop talking to police he overheard ross mirkarimi in the background, indicating a dodge that this attempt was going on. >> and the the city attorney issued a sp to turn over all records from this case. the lawyers are objecting. the judge balked on that request, ordering both sides to come back on thursday.

>> and there is now election day. one race is getting a lot of attention in wisconsin. it's been called a civil war. >> democrats trying to recall the republican governor. abc 7 is joining us now and everybody has their eyes on this. >> it hasn't happened very often in u.s. history. there have only been two. there is a in 2003, time before that, 1921 in north dakota this, recall fits conservative scott walker against liberals and labor. both sides say that there are result that's could tell which way the country is headed. >> the recall caps a contentious 17 months in office for the governor. and last year he tripped away their bargaining rights understood to balance the state budget. >> we took on the powerful

special interest autos groups pumped in cash for walker, who has outspent his competitor. unions throwing their weight against the democrat. polling has given the edge to walker, today, both cast ballot autos people are happy to have the election over. >> and there is a presidential battle ground. both are closely watching this vote. the electorate could be just as hyper polarized. last night the president raised campaign cash with bill clinton. and said a romney presidency would be a cal lambity for the us use his plan is to go back to the bush program, except on steroids. >> the romney camp believes a

win could put wisconsin in play. there are four other recalls going on in wisconsin. and polls close at 6:00. >> walker was leading in the polls. what are the exit polls saying now? >> they're saying they've never seen as big a turnout and ask people walking away what is your afillation? democrat? republican? independent? and that is about a third there, has never been that big of a turnout in wisconsin. >> and that is going to be interesting to watch. >> senate republicans defeated a bill calling for equal pay for women. it failed to muster the 60 votes needed. the legislation would have required employers to prove differences are based on

qualifications and not gender. this is a appears the high unemployment rate may be keeping salaries low for new fires -- hires. a study finds average pay is $36 less per week and found recent graduates have lower sarting salaries than those who received diplomas in 2008. >> and there are wine lovers digging deeper as prices for grapes increase. and there is an imbalance causing cost increases on the shelf. and believe better bottle was raise as well. >> there are thousands coming

out to cheer for queen elizabeth. the royal family celebrates on the last day of the diamond jubilee. >> and how green bay packer is winning praise for coming to the aid of a young fan. >> and there are sunny skies so when will it get warmer? the answer is coming up. >> one more look at traffic. there is a golden gate bridge, bright, sunny. and heading into the city is smooth sailing. stay with us. abc 7 news at 4:00 continues.

time to enjoy for just a moment. we're looking at the view off to the left you can see san francisco on the right is ocean beach. if you're in wide screen, you can go there on the right. looking good. and there is across the pond now a final day of celebrations if great britain marking queen elizabeth's diamond jubilee. thousands came to mark the 60 year reign. and. >> vents i have attended to mark my diamond jubilee have been a humbling experience. >> the 86-year-old did something she almost never does. she gave a speech.

recording it yesterday. >> and i will continue to treasure and draw inspiration for kindnesses shown to me in this country and throughout the common wealth. thank you all. >> hearing from the queen was icing on the cake for the supporter who's have been enjoying four days of royal festivities. this morning started with a thanksgiving service at st. paul cathedral. >> i don't think it's to say our queen has shown joy in happiness of other autos then a lunch for 700 people at westminister hall and more glowing praise for her highness. >> you're a constant in a changing world. a constant good with a reign characterized by a very personal connection and affinity with everyone you meet. >> from lunch the queen led a elaborate procession to buckingham palace, riding in

her favorite carriage. william ask kate weren't far behind. the crowd went crazy when the queen appeared on the balcony, then, the volume went up another notch. a royal air force fly path and a rival salute. all in all a sparking diamond jubilee. the only thing missing was the queen's husband, prince phillip. he is in the hospital with a bladder infection. >> well coming up tonight, abc 7 airs concert for the queen here on abc 7 news at 9:00 this evening. >> and there is time for a regal look at the forecast. >> i hope the forecast is not a royal paib pain but there will be royal rain tomorrow, nationally. there is active weather and

thunderstorms along the south atlantic storm so into the nation's mid section and showers into pacific northwest. there is quiet and sunny skies tomorrow, mild and cooler on the coast there is hot in palm springs. we'll begin to warm up tomorrow there are highs into low to mid-70s. and on the peninsula, highs range to just above 70. and there is 62 in half moon bay. 61 into the sunset district. mild weather all around. there is 77 in santa rose yachl highs upper 60s to around 70. 70 degrees in oakland. there is upper 70s to around

80. monterey bay, niz mainly low 70s around the bay. and there are mid to upper 70s inland. we'll see highs climbing into upper 80s by next week. that is a more reasonable range. >> starts to feel like summer soon. >> yes. and this is getting close to the start of summer. >> coming up next a warning about sun block. a disturbing accident that happened to one man when he applied tight close to an outdoor grill. >> and summer is almost here, taking a look at best mowers for your money. the news continues in just a moment. hmm, it says here that cheerios helps lower cholesterol

as part of a heart healthy diet. that's true.

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there is a warning about sun block. a man from massachusetts suffered second degree burns after his banana boat spray on sun block caught fire on his skin as' approached a grill. and there is some graphic photos to show you there. only area was sun block burned. >> and i went into panic mode. just screamed. and have never experienced

pain like that. >> the banana sport aerosol indicates sit flammable and should not be used near heat. safety pemplts say you have to wait several minutes before going near a fire, especially if everybody is barbecuing. >> and there is a happy ending to result about a little boy who lost out on a piece of memorabilia when a grown up took it away from him. this is video of a charity soft ball game tossing parts of the uniform to fans. he tossed his shoe to a young boichl a woman res wrestled the cleat away from the child z driver heard about it he decided to make good. >> there is a is some giflts

for you. >> she's a human being and made a mistake. >> the woman got backlash on facebook after posting a picture with that cleat. and now, she says she wants to apologize and give the boy his shoe back. and that is rather aggressive there. >> and a survey by national gardening association shows americans are tightening their belts on lawn maintenance and spending more time on do it yourself activities. >> there are plenty of inexpensive kblors for sale. >> and there is tips on buying the mower. >> looking to keep your lawn well manicured with out slicing through a lot of green? consumer reports put 100 mowers through their paces,

mowing 18 acres at this test site. and spent six weeks weighing bag clippings and getting down to judge out evenly a mower cuts. when it's over, consumer reports found least-expensive mowers didn't always make the cut. among them this $130 mower there is an engine that lacks oomph. you have to assemble yourself. >> there is a most allow you to do that by adjusting a letter. >> the weed eater is another one you have to build. there is a $240 brute coming assembled as east expensive

mower tested it's performance makes it into bargain. and there are a few weeks of cleanings. >> if you don't mind using muscle we rated two push lower that's cost less. best buy. >> they're this $195 murray 11 aa 23 k. there is a premium engines. if you want to use less muscle consider a single speed self propelled mower. there are several good options including the top-rated toro 2370. >> if very to built the mower do you know when that is going to get done? the last time we see transit of venus. >> that is correct.

>> coming up, we'll introduce you to a winner of a $1,000 scholarship from our station. >> and this is a hologram greeting people in one airport. >> and efforts to crack down on hate-filled speech directed at gay youth. >> right now there is diane sawyer. >> a serious concern about traffic accidents in dogs have distracted their owners. have you to see a video. some of the things happening into these cars and there is also a regular american family out picking blue berries discovered a prehistoric animal bury the backyard.

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information passengers may need and she is catching lots of curious stairs because she looks so real. the down side for some is that she can't respond to them meaning she's not able to answer question buzz they try anyway. she's been a big hit so far. airport officials say they install more holograms like her at the airport if they come up with a newscast for holograms we're in trouble. and we want to share the story with you now of one of abc 7's top scholars. our station selected seven bay area high school seniors recognized for exceptional achievements. and there is cheryl jennings spent the day with one of the top scholars who hopes to help impoverished communities. >> hi. i'm from san francisco. and next fall i will be attending brown university and hopefully will be studying

chemistry or sociology. i feel flik i were to go into the fields i could make a difference. at that point he feels like he's gone she has long dreamed of making a positive impact on impoverished communities. >> helping isn't just like helping others it's like helping my own community and helping people that come from my same background. i feel it's a closer connection and which does inspire me. >> she says poverty is what she saw when visiting her grandmother from mexico. >> seeing conditions people live n not necessarily just my family but in general in the town. it makes me feel like it's not like a world i'm seeing in books or tv. it's just part of me. it's part of my background. part of who i am. >> has everyone ordered a

sweat shirt that wants a sweat shirt snoo. >> she maintains a 3.8 and volunteers to teach spanish-speaking adults english as a second language. >> i do a club celebrates latino heritage. we do a variety of events. >> and for fun, she sings. >> and i enjoy singing as a past time kind of thing. >> and her dream of helping others keeps her focus on academia. >> studying what people would consider fun or something to do. i know it will be helping me reach my goals. >> how many hours do you spend studying? >> i don't know. a lot. i can't quantify it. but a lot. >> spoken like a true

scientist. >> there is so much that can be done. so much that i can contribute into this field. i can make a big impact on not only my community or not in the u.s. but, like, in many different settings. and in many different communities. >> and congratulations to denise ramirez. join us here on abc 7 sunday, june 17th for a special on all seven of our top scholars this year. and thanks for joining us. you can keep track of the latest breaking news on twitter and talk bit on facebook. >> abc 7 news at 5:00 starts right now with dan and arrow lynn. >> thanks, developing tonight efforts to put an end to hateful and hurtful speech. this is also a graduation

holding double meaning for a local sky hool student. >> and i'm sandhya patel. warmer weather is on the way. i'll let you know when, and how much temperatures will rise. >> and that is in castro valley. sky 7 is live over the scene of an officer-involved shooting. >> this is a car in the middle of the street. they're using yun yin units. >> when there is more information we'll bring it to you immediately. and good evening, in rich mnd anger over homophobic comments made at a city council meeting. >> and laura anthony is live with the story. >> people just starting to

gather for this rally. and this is not on the agenda. the goal is to make sure what happened at the last meeting doesn't happen again. >> that is a richmond resident laughing at a recent city council meeting talking about a young gay man committing suicide. it was just one of several comments made minutes after a group of high school students received a proclamation designating june as gay pride month. >> i brought my young people with me. >> and this man was escorting a group of gay teens. >> how were the kids taking this? >> they were angry bit. they didn't feel supported by those there. >> this is an abomination to god. >> wesley ellis spoke. he's a local