this morning on "early today," historic decision. a federal judge strikes down california's ban on same-sex marriage, but the battle is far from over. above the law. a dramatic ending to a dangerous police chase in maryland. and posthumous promotion. a wrongfully accused vietnam war general is vindicated 31 years after his death captions paid for by nbc-universal television hello, and good morning. welcome to our viewers across the nation, including the pacific time zone. i'm lynn berry. and today, we begin with a landmark ruling. in california, a federal judge

has struck down a voter-approved ban on marriage between same-sex couples, also known as proposition 8. a momentous decision, but it far from ends the legal battle over gay marriage. now it's almost certain this case will end up in the united states supreme court. nbc's noelle walker has our story. >> reporter: gay marriage supporters held their collective breath for the past two years. yesterday, a collective and joyous sigh of relief. ♪ this land was made for you and me ♪ ♪ >> reporter: from san francisco's castro district to the streets of west hollywood, the iconic homes of the gay rights movement celebrated this court ruling that struck down the voter-passed proposition 8. >> we have other battles ahead of us, but with this decision, carefully analyzing evidence, we are well on our way to earn an ultimate victory. >> reporter: at the heart of chief u.s. district court judge vaughn walker's ruling is proposition 8's narrow definition of marriage as a

union between a man and a woman only, a violation of the constitutional rights of gay and lesbian couples who want to marry. the judge said it is. >> our family is just as loving, just as real, and just as valid as everyone else's. >> reporter: let the court appeals begin. in a move that seemed to show they were prepared for defeat, prop 8 supporters filed a motion to continue the ban on same-sex marriages. >> the judge has dealt a terrible blow to natural marriage. >> reporter: that didn't stop this couple from heading to city hall for a marriage license they can't get yet. >> i now pronounce you united. >> reporter: a symbolic ceremony many couples hope to soon make official. in san francisco, noelle walker, nbc news. the senate is expected to pass a $26 billion state and local aid package today after overcoming a republican filibuster yesterday. with the help of main republicans, democrats were able

to advance the measure they say is needed to avert layoffs and service cutbacks in cash-strapped states. speaker nancy pelosi says she'll call back the house from their august break to give the plan a final package. although the bill is expected to reduce the federal deficit, republicans are criticizing it as an undeserved bailout for state governments. the obama administration has given the green light to the next step in bp's plan to secure its ruptured well in the gulf of mexico, pumping in cement to seal the well for good. coast guard commander thad allen says the static kill on the leaking oil well was a success, and now engineers can begin the process of sealing it up once and for all. that effort, according to allen, can start today as long as it doesn't delay work on the relief wells. allen says he, "has high confidence no more oil will leak from the bp site" and the chances of killing the well

outright have "significantly improved." and now, here's a look at some other stories making news early today in america. newly released video from a maryland police officer's dash cam shows just how dangerous high-speed chases can get. in the footage, police are seen approaching a carjacking suspect when he puts his car into reverse, slams into the hood of the patrol car and then flips over. the 17-year-old driver is now facing charges of armed robbery, car theft, and assaulting a police officer. michigan police say alcohol may have been a factor when a woman drove her car into a construction pit. she suffered minor injuries, but was not hospitalized. officials say the street, which is under heavy road construction, is clearly marked with warning signs. in ohio, two construction workers were killed when high winds knocked over three barns being renovated at the state's largest egg farm. authorities say the men were laying concrete blocks in one of the buildings when the roof collapsed on them. three other workers escaped

with minor injuries. and a california man is about to test his skills at the tetris world championships this weekend. 20-year-old alex is already one of two american grandmasters of the video game, but he's looking to be crowned the ultimate champion. and if you're wondering how he got so good, alex admits he even dreams about tetris. and now for a look at your national and regional weather, here's nbc meteorologist bill karins with your weather channel forecast. good morning, bill. >> no, no tetris for me. >> no. what do you prefer? >> pac-man. >> pac-man, there you go. >> miss pac-man, actually. >> i thought you with going to go more modern like wii bowling or something, you know? >> i tried some of that stuff. it just hasn't stuck with me. >> your wife is probably very happy. trust me. you lose a part of your spouse when they discover the wii. >> she's the one that would probably be playing it, not me. let's talk about the high temperatures, lynn, because it

was another hot day away from the coast yesterday, from phoenix all the way northward, into nevada, western sections of the state of idaho and eastern washington and oregon were very steamy yesterday. much of the country was still under the grips a heat wave, including arkansas, which was 105 in little rock. do you believe that? now, the problem is that the weather pattern hasn't changed this week. doesn't look like it's going to probably until the middle of next week. we're still very cloudy during the morning and the night along the coast, and that's why the temperature was only 66 in san francisco. even times of drizzle are possible at the beaches. it's not been a summer to head to the beach in much of california. yesterday was nice in seattle, up to 82, so that was feeling little more like it. a very summerlike feel. as far as what we're dealing with today, it's hard to make out the low-grade clouds, but they're there lingering along the coastal section. it will be hot along the interior today, just like yesterday. not much in the way of wet weather today, but we'll call it hot from vegas to phoenix, and nice medford up to seattle, just like yesterday. nothing too dramatic. as far as l.a. goes, we'll try to get you a peek of sunshine

late in the day. if you're near the beach, it will probably stay yuma today, 111. whoo! that's a look at your thursday forecast. friday's coming right up, lynn. >> bill, thanks. well, upbeat data and better-than-expected earnings equals a good day for stocks. your early-morning business headlines are ahead. plus, south african dinner parties, dictators, blood diamonds. no, it's not a racy novel. it's what naomi campbell is in court today to testify about. alex rodriguez hits number 600, and one of the best catches you'll ever see. you're watching "early today."

good morning, and welcome

back to "early today." i'm lynn berry, and here are some of your top headlines this morning. snwlt. justice department officials say that with the lone exception of the fbi, no federal law enforcement agency is ready to respond to an attack on the u.s. using weapons of mass destruction. the comments came at a senate panel hearing yesterday. one official from the bureau of alcohol, tobacco, firearms and explosives said if there was a wmd attack, "everybody would be winging it." after weeks of rumors, wyclef jean confirms he will run for president of haiti. that's according to time.com. the haitian-born hip-hop star will enter the quake-ravaged country's november race with an official announcement expected today. 40 u.s. billionaires are joining a philanthropic campaign organized by warren buffett and bill gates to give at least half their fortunes to charity. that means at least $150 billion

could be given away. that's based on "forbes" magazine's estimates of the billionaires' wealth. among those taking the pledge, "star wars" moviemaker george lucas and new york city mayor michael bloomberg. and yesterday, president obama requested that a controversial vietnam-era air force commander have his rank posthumously restored to that of general, the highest in the armed forces. john lavelle was demoted to major general and forced to retire after being accused of ordering unauthorized bombing raids on north vietnam. it was later revealed that he was acting on orders from then president richard nixon. and now here's an early look at how wall street will kick off the day. the dow opens at 10,680 after gaining 44 points. the s&p was up 6, and the nasdaq added 20. taking a look at overseas trading this morning, in tokyo the nikkei rose 164, while in hong kong, the hang seng nudged

up one point. hopeful economic numbers and upbeat quarterly earnings got wall street back in the black on wednesday. the market started cooking after payroll company adp said private employers added more jobs in july than forecast. that boosted optimism for traders, skittish ahead of tomorrow's crucial monthly unemployment numbers from the government. adding to that confidence, a separate report that showed the service sector grew faster than expected in july. priceline led in earnings news, soaring 22% on its stronger-than-expected quarterly results and outlook, suggesting consumers are willing to spend on travel. in other results, coach, cvs, electronic arts and anadarko petroleum all climbed after posting results that topped wall street's expectations. one notable exception, whole foods, which fell more than 8% after delivering disappointing quarterly results. barnes & noble shares skyrocketed 19% after the country's number one book chain

put itself up for sale with the company currently losing in the battle for the digital book market. shares of industry giant amazon.com out front in the digital book battle with its kindle electronic reader rose more than 4%. overseas, toyota reported a quarterly profit of $2.2 billion, reversing from red ink a year earlier, enjoying a global sales recovery, despite recalls and lingering doubts about its car safety. goldman sachs rose over 2% after cnbc reported soon the wall street firm will spin off its proprietary trading business in compliance with the financial reform package signed into law last month. and speaking of cnbc, congratulations to our cnbc colleague, maria bartiromo, who rang the new york stock exchange bell yesterday to mark 15 years to the day she became the first person to broadcast live from the trading floor. a rockies hurler keeps winning, albert powers the

cardinals, and a great grab in japan. plus, a-rod finally hammers number 600. your early-morning sports headlines are straight ahead. the heat wave continues for some of us, but others will get thunderstorms and a little bit of relief. your thursday forecast is coming up. you're watching "early today."

good morning. if you're just waking up, this is "early today." and in sports, alex rodriguez has finally become the seventh person in major league baseball history to hit 600 home runs. here's nbc's fred roggin with an early look at all your sports headlines. good morning to you. after a two-week drought, the yankees' alex rodriguez has finally become the youngest player to hit 600 home runs. the historic moment came in the first inning against the blue jays. rodriguez blasted a two-run shot to straightaway center off shaun marcum. fittingly, it landed in an area called monument park where all the yankee greats are honored. a-rod is just the seventh player to hit 600 homers. here's a weird coincidence. number 600 comes three years to the day that he hit number 500. yankees went on to win it, 5-1. and they moved into a tie for first place with the rays, thanks to the twins' delmon young. he had an rbi single in the 13th to give minnesota the lead. twins won in extras, 2-1. now to denver. the rockies' ubaldo jimenez

started a textbook strike-them out, throw-them-out. jimenez baffled the giants all day. struck out nine, gave up just one run, and picked up his major league-leading 17th win. carlos gonzalez provided the offense, hit a pair of homers to right. rockies won it, 6-1. albert pujols' swing, thing of beauty, simply crushed his 27th homer of the year. pujols was a triple shy of a cycle. the cards doubled up the astros, 8-4. and, finally, maybe alex rodriguez would not have hit a home run if this guy was in center. it comes from japan. masato akamatsu of the hiroshima carp climbed the wall and made a spectacular grab, robbing a sure home run. it's worth another look. two steps up the wall, leaps up. and that's one of the best grabs you will ever see. i didn't know carps could jump like that. that's your early look at sports on "early today." i'm fred roggin. well, which father and daughter are kissing and making up after years on their own reality tv show? your early morning entertainment headlines are straight ahead. plus, ever wondered how you would do if you lined up a

pressure putt for big bucks? you're watching "early today."

well, welcome back. here's i look at your thursday forecast. it's much of the same. lots of clouds linger on the coast early, but this afternoon the sun will break out, and that includes los angeles. so, don't be prepared for a lot of sunshine. mostly just the second half of the day. it's going to be nice in the northwest.

partly cloudy, 80s. a few 90s further inland you go. hot from boise to vegas, much of the state of nevada up in the 90s or 100s. and the same goes for arizona today. as i mentioned, not a lot is going to change, even as we go into tomorrow. we're still going to be very warm out there, if not hot, but the problem areas still lingering on the coast. there's a little glimmer of hope, though, that maybe by the middle of next week, the weather will change and a little better beach weather. if you're watching on ksl channel 5 in salt lake city, embark on an old artistic adventure through mexico's rich culture at the las artes de mexico collection at the utah museum of fine arts. and that's your "pacific event of the day," lynn. >> bill, thanks. now here's an early look at this morning's headlines in entertainment. this morning fashion model naomi campbell finds herself in the middle of a war crimes trial. campbell's being questioned at the hague about claims made by actress mia farrow that former liberian ruler charles taylor gave campbell an uncut diamond after a dinner party hosted by nelson mandela back in 1997.

prosecutors say if that's true, it's evidence taylor received so-called blood diamonds from sierra leone rebels in exchange for weapons during that country's civil war. elsewhere, msnbc.com's "the scoop" reports amy winehouse has a new drinking buddy -- russell brand's dad. ron brand and winehouse recently met at a concert. russell brand and winehouse are already friends, and it's rumored he helped get her into rehab after dealing with his own addiction issues. and, finally, after decades of estrangement and several failed attempts at reconciliation, ryan o'neal and daughter tatum are finally ready to reunite. "variety" reports the two will try to put 25 years of acrimony behind them on their proposed reality tv series "lost and found." and this comes to us from ksl 5 in salt lake city, utah, where one golfer got a huge thrill and some much needed extra cash for these tough economic times. for the past four months, our nbc affiliate has been running a contest, giving people a chance

to sink a 50-foot putt for $50,000. so, how do you think it went? there you go. 77-year-old norma recently became the first person to do it, winning money that she says she's going to use to fix up her house. that's quite a hug there! >> she was doing the irish jig. she's like, da, da, da, da. >> i think i would be, too. >> she even played the break and everything. that's fantastic. >> great. for $50,000, i would have done it as well. >> i would have done it for $50. >> 77 years old and she's sinking a 50-foot putt! >> it's my role model for my 70s. >> good for her. i'm lynn berry and this is "early today," just the first stop of your day today on your nbc station.

when it comes to choosing what flowers to plant, only one comes to mind for one gardner in england. the dahlia. and he's lined his garden front to back with more than 600 types of his favorite flower, even naming the colorful blooms after relatives. the display has become a local attraction, and he's begun charging tourists and then donating all the money to charity. well, monks usually live a life of quiet reflection -- usually. others showed off a different side during one festival in jordan. the martial arts mesmerized crowds as monks leapt in the air, did flips, even laid on a bed of needles and had cement blocks broken over their stomachs. they say the display represents the early struggles to establish their temple. and we have another unusual sight for you, this time in

japan where sunbathers got quite a surprise when two elephants moseyed onto their beach looking to beat the heat during the unusually hot summer. the duo took a dip and splashed in the waves before heading back to their elephant park. not before painting a few t-shirts, all to raise money for their zoo. who says you need to get bikini ready? just bring in some elephants. you'll feel good about yourself. >> nice trunks. >> yeah. good one, bill. time now for an early look at some of the stories we'll follow throughout the day here on nbc. the senate is expected to confirm supreme court nominee elena kagan to the supreme court. a majority of senators have already said they'll back kagan. if confirmed, she will replace retired justice john paul stevens. the most expensive u.s. house race in the country will be decided in tennessee's primary. voters there will be picking the nominees for three open congressional seats and also governor. and a special day for an american legend. it is the birthday of former astronaut neil armstrong.

armstrong, the first man on the moon, turns 80. all day long you can stay on top of the very latest developments in those stories and others as they break on msnbc. and tonight be sure to watch brian williams with "nbc nightly news." and, finally, here's a look at what's coming up later this morning on the "today" show. hear from a reporter who's been denied access to u.s. troops in afghanistan after his "rolling stone" article led to the firing of general stanley mcchrystal. and an exclusive interview with a man accused of facebook bigamy. and now, keep it on this channel for continuing local news, weather, sports and more. i'm lynn berry. thanks for watching "early today," just your first stop of the day today, on your nbc station. have a good one. -- captions by vitac -- www.vitac.com