>> reporter: new this morning a long-awaited court ruling on the state's gay marriage ban hours away expected in san francisco. i'll have a preview coming up in a live report. >> the san francisco sheriff's domestic violence case prompts a advocacy group to speak out. >> a basketball star making headlines. why jeremy lin has become the talk of the town. >> and we give you a live look outside at the bay bridge, a little wet with some rain coming down out there. be careful. it might be slick. it's tuesday, february 7, this is "today in the bay."

>> good morning everyone. the time is 4:30. i'm jon kelley. >> i'm laura garcia-cannon. lots to get to. let's check the forecast with meteorologist christina loren. >> good morning. much-needed rain finally back in the forecast. and we're going to deal with it for the first part of the morning. we'll start to clear out later today. let's take it to the radar and show you where the rain is the heaviest. you're going to find the heaviest showers in the north bay and the east bay. some pretty heavy downpours through livermore, going to get active in the city of livermore as we head through the next 15 minutes. we'll pinpoint these showers, let you know how much we're expecting. let's check the drive. >> let's look out there. we do have a wind advisory. this is unusual, a wind advisory for the dumbarton bridge, highway 84. it's all over the reports. it's only for the dumbarton bridge, not to the north, the

san mateo bridge. a live look from the camera, the camera is shaking and the sign says warning about the closure of the bay bridge but we'll watch as the winds tend to shift. christine is talking about the rain as well. so far the incident reports relatively clear. >> decision day is today, the 9th circuit court of appeals ruling on the constitution at of prop eight. >> it's not expected to be the final word on same-sex marriage in california. christie smith joins us live in san francisco where justices will weigh in this morning. >> reporter: good morning. this is a big day for supporters and opponents of gay marriage, this ruling 18 months in the making. what's happening is that a federal appeals court here in san francisco will issue a ruling a little later this morning on whether voter approved measure violates the civil rights of same-sex

couples. a three-judge panel with the ninth circuit court of appeals will issue the decision after a trial judge struck down proposition 8 which california voters approved four years ago to restore the gay marriage ban here in california. now, the same-sex couples include one from the east bay and they sued to overturn the law. even if the ruling is upheld it could abwhile before anything happens in regard to marriages because prop 8 backers plan to appeal all the way up to the supreme court, they say, if necessary. the ninth court usually doesn't give any notice of its ruling, and the fact that did it shows strong interest that's happening with this case, that ruling is expected to be announced at 10:00 this morning. same-sex couples are expected to gather in anticipation of that at around 9:30. reporting live in san francisco, i'm christie smith. jon and laura, back to you. >> thank you very much,

christie. a peninsula special ed teacher accused of physically abusing at least two students. alexia is facing charges of child endangerment and battery on school property. the mother of an autistic boy in her preschool class spoke to nbc bay area saying the news is most disturbing because her son cannot communicate when something is wrong. >> he would come home with bruises on his arm. we never imagined that was her fingers there. we thought that she -- that he just bump. this is what we fear the most is that someone will hurt our children and our children, because they cannot talk, they cannot come home and tell us oh, mommy, the teacher hurt me today. >> the teacher is out on bail and on administrative leave. she is due back in court on march 1. >> the staff at a los angeles

elementary school where two teachers are facing charges of committing lewd acts on children will be replaced this morning. the entire staff. the school board says it will temporarily place the staff at miramonte elementary school while the district investigates the alleged crime. the staff will be paid. one teacher has been charged with taking pictures of hundreds of students blindfolded and gagged, another accused of inappropriately touching students. >> staff at stanford looking for ways to improve security after two women were attacked on campus over the weekend. police working on sketches after two female students were assaulted early sunday morning. during the first attack a man tackled a woman but was scared away by another student. 15 minutes later a man entered an unlocked room in a student housing facility, climbed in a woman's bed and attempted to take her clothes off. she escaped without injury. >> the domestic violence charges against sheriff ross mirkarimi

prompted an advocacy group to raise money for a bill board to try to draw attention to the issue. a shelter for domestic violence victims is looking to raise $4,000 for billboards to be placed near the hall of justice, that would say domestic violence is never a private matter, referring to statements made by mirkarimi and his wife. >> 4:36. the court-martial for a marine accused of hazing has been delayed. corporal harry lew killed himself after reportedly being hazed for falling asleep while on duty. sergeant johns is charged with demeaning lew. defense attorneys say they need more information from the prosecution before they can proceed. another marine pleaded guilty in the case and was sentenced to 30

days in jail and demoted a. third marine has yet to go to trial. >> san francisco looks to beef up its ban on plastic bag bans. the board will discuss a new addition to the law. the rules would ban plastic bags at any store including retail shops and restaurants, would add a 10 cent fee for every bag provided to a customer. the environmental advocates says the city needs to keep pace with other cities that imposed tougher restrictions. >> time to check in with meteorologist christina loren and you predicted it. we have it, the rain. >> boy, do we need it. good morning to you. right now let's take it to the doppler radar. show you where we're getting your real time rain. at this point it's pretty heavy through portions of the east bay and up in the north bay this morning. make sure you give yourself plenty of time to reach your destination. if you zoom in you can see san jose mostly dry.

san ramon hit pretty hard. heavy showers on the way to livermore. in the north bay a little break from the heavy rain from santa rosa but there is more on the way. you can see this batch out in the pacific that's getting ready to hit san francisco the next 15, 20 minutes. so make sure you're ready to drive through the rain. in addition it's windy out there this morning. so if you drive a high-profile vehicle, take it easy with winds sustained between 15 to 30 miles per hour. throughout the day we'll see clearing, mild and dry patterns. we have another chance of rain in that forecast, right now let's get you through the showers and to work on time with mike inouye. >> that's the same thing i'm going to warn the drivers about this morning. we're looking at the maps, 880 north through oakland toward the toll plaza, a clear flow though there may be damper roads to the south, actually a live look out there. just to the south of 880 t camera might illustrate, i was

driving through fremont passing the dumbarton bridge. gusts hit me there, then around mallory. if the road had been slick it would have been an issue i could have been hydroplaning. the camera shakes here, a live look as well for the upper deck shot from san francisco looking at the bay bridge. higher altitudes getting the bigger gusts. 680 through the diablo range will be an issue. we're going to look at the golden gate bridge. slick from the overnight rains. allow extra time, low ter speeds and concentrate. i know we like to focus on the day ahead but watch that drive. want to get you there safely. >> we know it's not every day you get a chance to meet the leader of the free world. eric bacon will meet president obama order at the white house science fair. bake season a senior and the

mastermind behind the school's robotic team. president obama will meet the students and talk about the importance of science technology, engineering and math. bacon says indeed this swoon a dream come true. >> i'm a member of the cheesy poofs. >> congratulations. >> still ahead, church and state collide over new health care reform laws. the catholic church speaking out against birth control and the president candidate joining their cause. >> a slip of the finger means a british rap star will have to pay up. why m.i.a. could end up footing the bill for her gesture. >> netflix may have more competition. why a cellular provider may get into streaming video. >> check us out on facebook.

search nbc bay area news.

>> good tuesday morning to you. taking a live look outside, all lit up. hardly any one out there. looking at the embarcadero in san francisco this morning. rain on the way. 4:43. >> church and state will collide when the obama administration begins enforcing hospitals

providing contraceptives. catholic leadership is speaking out against it. in addition the mandate would require employers to include sterilization and abortion inducing drugs in their health care policies, something that the catholic church strongly opposes. here in the bay area catholic church members speaking out. >> it strikes a blow on the freedom of religion we have in this country and i think that you know, not having a say in that for people of faith is really -- it's not american. >> religious institutions can qualify for exemption if the services violate their belief and if all of the workers are of the faith. but catholic hospital or university that employs non-catholic workers must provide free contraception in its health care insurance though birth control violates the doctrine. >> on the campaign trail mitt romney criticizing the policy saying it violates religious

rights. >> people in faith that do not share those view this is is a violation of conscience. >> romney hoping to extend his lead in the race for the presidential nomination, three states voting today, colorado, minnesota and missouri. romney facing tough competition from rick santorum in missouri where the polls show him doing very well. newt gingrich and ron paul are both on the hunt for more delegates, hoping to close in on romney's lead. >> 4:45 now. more trouble in europe puts the brakes on wall street this week. for that and the rest of the news before the bell we turn to courtney reagan. good morning. >> good morning to you. futures are still slightly lower. there is no economic data today, investors focus on europe's debt crisis and the stalled talks in greece still important to the market. eu leaders are pressing.

we'll have to stay tuned. we'll get one economic report this afternoon on consumer sentiment. coca-cola reporting earnings and beating estimates. the dow fell to 12,845. the nasdaq slipped 3 and will open at 2901. a proposed landmark mortgage settlement is moving forward as more than 40 states sign on. big banks will be forced to reduce loan payments for millions of homeowners under water or owe more on their homes. lenders could compensate people wrongly foreclosed upon. california, new york and nevada are still reportedly holding out. there is optimism they could sign on. california's attorney general has softened her stance saying she is less concerned about the time line than the details of the settle it. teaming up to possibly take on netflix, combining online video.

reports say prices would start at $6 a month and one rental at a time. red box has 30 million active users. netflix does generate more roov knew at least for now. >> thank you, courtney. >> it's 4:47. the weather forecast has been rain. meteorologist christina loren talking about all week, we need it. >> at least for our air quality, you're going to get a car wash out of it and of course our plants. this time last year we had really green hill, not so much the case this year. brown hills. this morning rain coming down, we need that rain and heavy in san ramon, hayward, throughout the next couple of hours looks like san francisco you're going to hit with a batch of moderate rain through probably the next 15, 20 minutes. so it works like this for today. the the showers continue for the

first part of the day. at 9:00 a.m. showers starting to break apart. that will continue to be the case through 11 a.m. a little isolated activity down to the south bay. tonight we get cheering. we have another round of rain. but we'll take through the temperatures, grab that jacket and the umbrella. 59 in morgan hill, that's it for today. 53 in dublin. we'll see a high of 56 down from the mid-60s. a couple of 70s on the map. through tomorrow morning i think we'll see a few showers but drying out again thursday into friday and warming up as well on sunday into monday. a disturbance tries to make its way in. i think we'll see light showers, and overall we have the great air quality later today. >> thank you very much. 4:48 now. a makeshift memorial has been set up outside the home of where

a father killed himself and his two children. investigators are learning about the death of josh powell an his sons. details very difficult to hear. the medical examiner says powell attacked his sons with a hatchet before setting his home on fire sunday afternoon. powell was a person of interest in the disappearance of his wife susan in utah in 2009. he was never charged. >> a suspect in the deadly tucson shooting that wounded gabrielle giffords will spend four more months at a federal prison facility. jared loughner is being medicated for schizophrenia, they are trying to improve his mental state in order to stand trial. he pleaded not guilty to the 2011 shooting that killed six and injured 13. >> new super bowl champs in new york city, filling times square

after the giants beat the patriots. today the team will be honored with that traditional ticker tape parade in downtown manhattan. this is the fourth victory for the franchise, its second win over the patriots. that middle finger malfunction in madonna's halftime show is going to cost. the british rapper in trouble for the middle finger salute. the fcc gets involved since m.i. signed agreeing to compensate them for fines as a result of her performance. no word on how much she will have to pay. >> the raiders get a new defensive coordinator. >> a bay area basketball player becoming a secret weapon for the new york knicks. wait until you hear how many points jeremy lin scored. >> plus t down payments.

when you can see banana sam coming up. >> the bird's-eye view of 680. not sure if ours will fly. there are gusty winds and rain. i'll show you what's up coming up. hey, your high speed internet here, at home...

...and on the go... ...with some really big news. it's b-i-g -- big. high speed internet from at&t at home... ...includes wi-fi access on the go. woo-hoo! [ together ] it's an unbelievable deal. well, gotta go. but wait -- there's more... [ female announcer ] go to the website below today and get high speed internet for the unbelievably low price of just 14.95 a month for 12 months with a one-year price guarantee. it's all the speed you need at a great price. you can chill online at a park. here, pidgie, pidgie. [ pigeon coos ] and surf the web at your favorite bookstore. our internet at home includes access to the entire national at&t wi-fi hot spot network on the go. [ female announcer ] go to the website below and get high speed internet for just 14.95 a month for 12 months with a one-year price guarantee. that's all the speed you need at a great price. it's an unbelievable deal. so why wait?

act now, act now! like he said... ♪

>> welcome back everyone. a live look outside at the shark tank also known as hp pavilion. a little wet outside. you may want to grab an umbrella. christina loren will fill you in on the rainy forecast. it's 4:54. >> a stanford university football player is under investigation for dui. a report from stanford university department of public safety shows that shane scoff was booked january 29. it allegedly happened near his residence around 2:00 a.m. the head coach says that he will be responsible for the consequences both legal and in the athletic program. >> one of the stanford defensive coordinators works for the har ver. tar ver is a bay area native who attended santa clara university and served as stanford's

co-defensive coordinator last season. >> a palo alto is the toast of the town. jeremy lin, that's him there, stole the show last night after carmelo anthony, the star of the team, pulled without a strain in his leg. lin stepping in, pumping in 28 points. that was enough to lead the knicks over the jazz, 99-88. the palo alto high school grad played with the warriors in the bay area but was waived after the walkout. >> look at that. he must have had a purple candy. >> i think his mouth piece. they wear those in the middle banging. >> all right. 4:55 now. i want to check the traffic with mike. >> if it was me it was i went to target and got a blue icy. we'll look at other colors. we're looking fine for the northbound route but we want to point out slowing on the sensors. southbound 87, eastbound 237,

and southbound 17 at the bottom. these are all opposite and show up from time to time but showing up right now. and there are gusty maybe slick conditions. drizzle going on. worse over the morning. we'll track those. across the dumbarton bridge the only high wind advisory for 84 over the water. we'll watch as the conditions change around the bay. we may have issues. looks like a stall. back to you. >> thank you, mike. >> during the tease i said my man, i should have said my primate. now banana sam going back on exhibit out there. >> that squirrel monkey, he was stolen at the end of december but was returned. after several weeks in quarantine zookeepers say banana sam is healthy and will return to exhibit this saturday. and if you bring him a

valentine's you can get a dollar off admission. >> what about two? >> i don't know. >> police are still investigating the man who returned sam to the zoo. the man said he found sam in a park and lured him into his back pack. >> i'm a fan but i don't heart him just yet. i don't know if i should go to a valentine's gift. >> a lot more coming up on "today in the bay." we're tracking the latest in the weather department. bob is checking the conditions outside. we'll have a live report. >> and the long-awaited decision on california's gay marriage expected. how will it affect the case. i'm done. i'm gonna... drink this... on the porch! ♪ give me just a little more time ♪ [ female announcer ] mops can be a hassle, but swiffer wetjet's spray cleaner and absorbent pads

can clean better in half the time, so you don't miss a thing. hi mary! morning! gladys. gladys! [ female announcer ] swiffer. better clean in half the time. or your money back.

>> at japan rather iran lashes out at the u.s. and fighting co