love and having equal access to the most important relationship i know in life which is marriage. >> attitudes are changing rapidly. a majority of americans believe they should be allowed to wed. outside the court an almost carnival-like atmosphere the debate continues. tomorrow, in a separate case the justices consider the defense of marriage act, the 1996 law that denies federal benefits to same-sex couples legally married in their states. >> inside the court for today's argument, white house senior advisor and chief justice john roberts' first cousin, a lesbian, who wants do marry her partner of four years. live in washington at the supreme court for abc7 news. back to you. >> thank you. cameras are not allowed in the court but the supreme court has released audio of the hearing. the lawyer defending prop 8 faced tough questions from the

justices. >> what harm you see happening and when and how and what harm to the institution of marriage or to opposite sex couples, how does this cause and effect work? >> once again, i would reiterate we don't believe that's the correct legal question before the court. that the correct question is, whether or not redefining marriage to include same-sex couples would advance the interests of marriage. >> are you conceding the point that there is no harm or denigration to traditional opposite sex marriage couples? you are concede that? >> no, no, i'm not. >> we have link to the entire audio recording of the prop 8 hearing on our website at abc7news.com. >> happening right now a look at the flags flying at city halls in several bay area communities. we will tell you where they

stand on same-sex marriage. kira klapper is live in berkeley to show you what we mean. >> good morning to you, eric. berkeley, oakland, san leandro, alameda and hayward all are flying the rainbow flag today. supporters of marriage for same-sex couples are optimistic for the supreme court decision although they likely will not find out the ruling until june. >> the racing of the rainbow flag signifies a hopeful going of the end in the fight for marriage equality. >> i have been married to the same woman three times and now it is legal during the brief window before prop 8 passed. >> she was the first lesbian elected to any office in berkeley but that is just part of who she is. >> i am also a per in berkeley. i am excited about this day because this marks another step in the future for all of our kids. >> city council man proposed the raising of the flag today and also wrote the original proposal for berkeley to endorse marriage

equality which they passed in 1997. just seeing the supreme court hear arguments on the constitutionality of prop 8 is a success in his eyes something he did not think would happen for another 15 years. >> if the court, even if they take halfway step toward recognizing that states have a right to allow marriage equality, that would be the fastest civil rights movement probably ever. >> in oakland, the flag will be raised at city hall at 11:45, in 40 minutes from now. in san francisco, this afternoon, the group "get equal" will lead a vigil with other same-sex marriage supporters at 4:00 this afternoon at the supreme court building in san francisco. reporting live from berkeley, kira klapper, for abc7 news. >> abc7 news reporter was inside the supreme court during the prop 8 hearing this morning and will report back on the historic

arguments on abc7 news going at 4:00 today. >> as the supreme court considers the legality of same-sex marriage, abc7 news' katie couric asks, what does being gay in america mean today and focuses on gay and lesbian families living in communities that do not always accept this. plus, meet a young girl with two gay dads who sent a personal plea to president obama on "katie" today at 3:00 right here. >> developing news from morgan hill where a preschool teacher accused of spiking student drinks with sleep medication was in court for enter a plea and amy hollyfield was in court for the arraignment and at the courthouse. >> she entered not guilty plea, ms. gratz did not comment. she is free and not in custody and out on supervised release. there were several parents in

court. they are upset and wanted the district attorney to see them and to know that they are upset and they want this treated seriously. >> to me something has to happen. probation is not good enough. it happens all the time. she needs to do time. anything could have happened out there. anything. my daughter could have passed out, fell, hit her head, low and have seizures. >> i will do everything in my power to make sure this lady pays for what she has done. i want to ask you, why? why? why? >> gratz is charged with ten misdemeanors. police believe that she put sleeping pills in the cups at the children's academy in morgan hill. the 59-year-old gratz is due back in court april 5. today she was ordered not to have any supervised contact with minors who are not her relatives . >> happening now in napa, police are investigating the death of a

man who was found on fire on a pedestrian overpass this morning. police received several 9-1-1 calls around 4:00 a.m. about a fire on state highway 29 on an overpass there with firefighters finding a man on fire. he was pronounced dead at the site. the death is being investigated as a homicide. police say it could have been a suicide. the man's identity has not been released. >> san jose police just released a sketch of the suspect wanted for kidnapping a baby and triggering a state-wide amber alert yesterday. this is the woman wanted for stealing a jeep liberty from a san jose woman yesterday with an 11-month-old baby inside. she is described as hispanic, 5' 5", 150 pounds and dark hair worn in a bun. the mother thanked law enforcement for help find the baby, gabriella quintera, who was found safe five hours later.

the police are processing evidence and asking anyone with information to contact police. >> we have more on the proposition 8 case, just ahead, and we will hear from a bay area legal expert to look at how the supreme court justices could be leaning. >> meet yahoo's newest employee. his age and the amount of money he has

>> more now on the supreme court hearings on proposition 8 with very complicated issues before the justice in the hearing on prop 8. we will get legal perspective from an expert. >> and a law professor at the university of san francisco. thank i for joining us. what hints have we picked up during the 80 minutes? should one side be cheering? >> it was quite a day. you can see the justices grappling and groping for economic ground. i do not believe there was a majority opinion that really emerged yet from today. if there is any one thing we do know it does not look like they are inclined to uphold proposition 8 on merits so what does not seem like the opponents of same-sex marriage will get the sweeping victory they wanted but, neither, will the supporters of same-sex marriage get the sweeping victory they want. >> it seems the justices were looking for a cause and effect and how it will harm people and harm the institution while the prop 8 lawyer argued that is not the question. >> i do think that the court

focused on the issue of harm. you have to remember that the opponents of same-sex marriage are saying that the harm is caused by same-sex marriage is that it somehow is going to discourage or harm responsible procreation by heterosexuals. we saw a lot of liberal justices in the court very skeptical of that reasoning so that does not seem to be something that is likely to have much traction with the court. on the other side the question is what's the harm of excluding? there we had an interesting tip or hint from justice kennedy saying he is quite worried about excluding the children of same-sex couples from full recognition and full status in society. that gives some hope to same-sex couples and their families. >> anthony kennedy is moderate that a lot of people watching saying it could turn on them. he seemed to suggest whether this should be in front of the court at this time and it sounded like he was not the only one do ask that.

>> if you will, the court has one technical way out of deciding the big questions. that is the question of focusing on the question of whether or not those who oppose same-sex marriage who proposed the prop 8 initiative had "standing" testify were appeal the decision. in order to have standing you have to have distinct offer special injury that is unique to you. it cannot just be like any other voter with a law that applies to everyone in the state. the justices were concerned whether they even have proper jurisdiction to hear this case on appeal. if not, it would most likely be returned to the district court ruling which would mean prop 8 is invalid. >> a ruling from the court, if they do issue a ruling, would that affect just california or other states that have same-sex marriage laws? >> both sides hoped for a nation-wide ruling but that will not happen. it looks like well have only a california solution and i do

think if i had to predict based on the arguments they can probably use the technical route to say we are not going to rule any way broadly on there and most likely prop 8 will no longer be in effect in california. >> thank you, counselor, thank you very much. >> we have the weather to talk about coming up next. >> high definition waterfront shows scattered shows and low-to-mid 50's with the wind light. despite the sunshine, we are still talking about some scattered showers in the forecast. that is coming up. >> plus, they have been years in the making, the first drivers to go through the newest tunnels. >> a special delivery all the way from the international space station where this bay area baby

>> we have breaking news from oakland, these are pictures from sky 7, with police activity at 12000. we are told a woman stand outside of the family market was shot several times but a man who walked up, points add gun at her and fired pointblank.

police are looking for a suspect, a plan wearing a light gray jacket. that is all they have right now. this is oak's 19th homicide so far this year. we will monitor this and keep you informed as we get the information. >> along the san mateo county coast, traffic is rolling and the new twin tunnels at devil slide, opening in time for the morning commute. drivers can bypass the steep windy portion of highway one between pacifica and half moon bay vulnerable to rock slides. they are named after the late congressman tom lantos, key in securing funding, the first tub knells -- tunnels built in, can you believe it, 50 years! >> and now the forecast. >> it looks great out there with sunshine and clouds. right now we are looking at a partly cloudy sky but we are

also anticipating a couple weather systems that will head our way, increasing the cloud cover and perhaps leading do some showers as soon as tomorrow morning. there is a look from emeryville camera. all is quiet great live doppler 7 hd. we had a few light sprinkles earlier this morning and another vantage point from the roof camera and there is a little bit of haze but a number have responded to 55 in hayward, livermore, and santa rosa and 56, we had a lot of fog yesterday and we are warmer this morning in parts of the bay. 56 in san jose. it is 52 in half moon bay. from our perspective we have partly cloudy conditions and a chance of showers toward tomorrow, just a slight chance in the higher elevations and by thursday, a better chance. wouldn't you know, unfortunately, by easter, it is looking like we are going to see wet weather. we have been in between systems,

one system passed through early today and behind it, still, a mix of occasional high and mid-level clouds and with that some of the sunny breaks today allowing for the mid-and-upper 60's but here we go through the rest of the afternoon, you will notice a few runs in the upper elevation, probably will evaporate before it hits the ground, lots of fog moving in tonight with the onshore flow kicking in and we will get into more clouds tomorrow and by thursday more green great the north bay in the afternoon, and we could see possibly .1" of rain but it will be out by friday. with the marine push, we will see numbers warmer this evening toward morning. 47 in concord. it will be 50 in san francisco. if you are traveling south, partly cloudy now you will have a chance to shower with the systems from the central coast, into the southland and upper 60's in los angeles and that sounds familiar and the south bay will see 67 in morgan hill

and 65 in santa clara today, and on the peninsula you will notice the sea breeze kicking in, in the afternoon, and 62 in san mateo and san francisco another cool one, and near 60 degrees and in the north bay, a few more clouds around with 64 in novato and vallejo and plenty of low-to-mid 60's from hayward and union city and out over the hills with more sunshine you will warm up a couple more degrees and 67 in pleasanton. here is the look ahead, we have the higher elevation clouds tomorrow, and maybe a sprinkle but best chance of rain comes in on thursday, and remain warmer on friday and the easter rain is headed our way and abc7 news has another great weather resource to follow with live doppler 7 hd on twitter for the latest bay area weather conditions, rain or shine, and get the video forecast, "spare the air" alert power outages information and weather tweets from your favorite weather team. >> eric has a very exciting story coming up, physics-related

story. >> the spacex dragon capsule splashed into earth in the baja. it arrives march 3rd carrying supplies for the space station and nasa is playing them $1 billion for a dozen resupply missions and is run by the owner of tesla, based in palo alto. >> yahoo's newest employee is an instant millionaire. he is a

>> coming up at 3:00 on "katie" what does it mean to be gay in

marriage. treating varicose veins, doctors find a new treatment. and at 5:00, fireproof furniture, why a former san francisco firefighter is trying to get chemicals out of your home. >> we will host a job fair later today with our partners at the job journal, from noon to 4:00 at market and 8th street in san francisco. at&t, oracle, home depose and the santa clara sheriff department are monitoring the organizations that will be there. we will have more details on abc7 news under "see it on tv." >> you are jealous, and the british teen who struck a multimillion dollar dear and a new job with yahoo would like to start another company. >> the 17-year-old just sold his free phone app to yahoo that automatically summarizes news stories for small screens, and the deal is said to be worth $30

million. yahoo will not confirm that. the whiz kid said he taught himself to write software at age 12 and built this when three was just 15. if i had brains and the right code and a little ambition i could have done that. >> we all win, right? you got to wonder if his mother still has to fine his work clothes for him? >> congratulations. done well!

[applause] [dramatic music] ♪

>> hello, everybody, and welcome to millionaire. you know, a lot of people say that they would quit their job if they win the $1 million, but today's first contestant owes his chance at $1 million to his job. from new york city, please welcome l.a. williams. hey, l.a. >> hey, meredith. >> nice to meet you. >> pleasure to meet you. [applause] >> i don't get it. how do you owe the fact thatto ? you're here to your job? >> well, you guys had the auditions for millionaire at the apollo theater where i happen to work, and i figure, well, it's convenient, so--right? i auditioned. >> oh, and here you are. so it worked out perfectly. do you meet a lot of interesting people at the apollo? >> i'm fortunate to meet a lot of interesting people at the apollo. brian williams came by once and he walked through the lobby and i had my little i.d. tag, and since my last name is williams, i looked at him, showed him my i.d. tag, and said, "dad?" [laughter] >> brian, of course, a newscaster at nbc. what did he say back? >> he looked back and said, "hey, anything's possible." [laughter] he's got a great sense of humor. >> he does. he's a great guy. anyone else in particular?

>> um, i got to meet bill gates once, not at the theater. >> oh, okay. >> i was at some event at a microsoft office, and i was in the restroom and-- >> you met him in the bathroom? >> i met him in the bathroom. [laughter] and so i'm washing my hands, he came in, he washed his hands, and i was really cool at first. and as he was walking, i said, "now, sir, you know i'm gonna tell everybody about this. do you mind if i embellish and tell folks that we became best friends?" and he said, "oh, sure, have fun with it." >> oh, seriously? he didn't think you were a nut? >> he probably did. i'm a little nutty, but he was a good sport about it. >> well, i'm awful glad you came to the auditions at the apollo. you were there when we came and were able to take the test and here you are now. let's take a look at the money in your round one. >> okay. >> all right, computer, please randomize the doll now here are the categories to your questions, l.a., and we're gonna randomize those as well. and now that everything is shuffled, are you ready? >> even if i said no, we'd still be going, so, yes! >> you're right, okay. are you folks ready, audience? he