court, next. >> nowhere is the decision on same-sex marriage more important than here in san francisco. christie smith, coming up how the city by the bay is getting ready? we have major changes headed our way from record rainfall to near-record heat in 72 hours. i'll sort out changes, tell you best places to be as we get into the hot weekend. new crash in the south bay plus slowing in the east bay. number number its has a lot of reporting. a live look outside. illuminated. that is the bay bridge. if you haven't been outside to experience it, christina loren says balmy. crack that window, enjoy the breeze wednesday june 26th. this is "today in the bay." 5:00. good morning.

pleasure to see you. i'm jon kelley. >> i'm laura garcia-cannon. a decision that's been in the making now and in two hours the nation's highest court hands down its ruling on california's proposition 8, the ban on same-sex marriage. >> getting ready for a massive rally already start agent city hall in france asan francisco ad out outnight hoping to got a seat in the courtroom when the historic decision is announced. >> live team coverage on both sides of the country. cheryl hurd live outside the courthouse in washington. >> reporter: court procedures got started earlier. there's a long line in front of me. and the first person in line got here at 1:00 in the afternoon. of course she is number one. they are waiting to head in. each day everyone expects to -- a decision from the supreme court. when two couples arrive at the center of this fight, they

arrive with a lot of hoopla sounding them. everyone wants to hear from them. but each day every day they say nothing. last night there were a lot of people in line overnight. almost all of them in favor of same-sex marriage. >> i'm in a long-term committed relationship with my partner and she's the world to me. this is -- there could not be a more important case for me. >> i definitely don't think this is the end but it's a huge milestone and definitely a moment of history that i wanted to be a part of. >> reporter: much anticipation over same-sex marriage. the court is expected to rule on proposition 8. if they strike that california law down, same-sex marriages will begin once again. if they strike down the defense of marriage act, known as dome ma, federal laws will be lifted for same-sex couples. a lot at stake in washington, d.c. there are probably about 150 people waiting to get in.

only few public seats. i'm told 50. there may be more today. we are watch, we are waiting. we'll bring you the latest in a half hour. live from the steps of the supreme court, cheryl hurd, nbc bay area news. "today in the bay's" christie smith live in san francisco where the same-sex marriage was performed in 2004. what is san francisco planning for the ruling? >> reporter: good morning. this is the day so many people across the bay area have been waiting for, perhaps nowhere more than right here in san francisco where then-mayor gavin newsom, of course, first directed the city to issue marriage licenses to same-sex couples in 2004. he's going to be here later. of course as lieutenant governor with mayor ed lee and city attorney her era when the high court releases its decision on whether prop 8, voter-approved ban on same-sex marriage is constitutional.

the decision on the federal defense of marriage act. we spoke with one bay area couple planning the wedding of their dreams behind all of this. they've got the rings, invitations, the key, though, they say is being able to say "i do "s legally here in california. >> we are -- we are hopeful and we are people of faith. we have faith that things are going to fall into place. >> reporter: of course, opponents of same-sex marriage expected here today, too. earlier san francisco's city hall was lit up in support of marriage equal. pride flags waving in the city. even though despite the local support, some know that this ruling could well be disappointing. the doors to city hall open up at 6:30 this morning. fairly quiet except for quite a bit of media waiting for this. of course, there's one protester here, he says that he's here for that voting rights decision that was issued but he says he

supports marriage equality. but i wanted to show you before we go, the bill graham civic auditorium, lit up in rainbow colors. expected to talk with supporters. haven't seen them yet. it's early. we'll let you know what they have to say. live in san francisco, christie smith, today in the bay. >> san francisco is awash in rainbow colors this morning. >> looks great. as soon as the supreme court rules on prop 8, or the defensive marriage act, nbc news will break in with a special report. live coverage here in the bay area and washington, d.c. throughout the morning. we'll have a special hour-long 11:00 a.m. newscast. coverage on nbcbayarea.com. we'd like to get your pictures and thoughts on today's ruling. add #sfprop8 to instagram photos or tweets. new this morning a suspected burglary shot in the face by a

victim in the bayview neighborhood has died. a follow-up to breaking news we first brought you yesterday morning. three men broke into the home and shot a man and his wife inside. both were injured but the man was able to grab one of the robber's guns and fire back, shooting one in the face. the other two suspects were able to escape. two children were also inside the home during that invasion but they -- neither of them were hurt. 5:06. the former fremont school teach ar excused of molesting a boy in the classroom is expected in court for a pretirial hearing. she taught at the school for 25 years. jut over ten years ago, he was convicted of possessing child pornography. in that case, he was placed on five years' probation and required to register as a sex offender. the former head of san mateo

county's probation department defending himself against child fpornography charges. the child pornography on the computer had a legitimate work related purposes. he retired last year amid the investigation into the charges. forest will be back in court july 9th. santa clara county officials hoping adding more park rangers will solve problems with homeless ep cancampments. voting yes to give the city of san jose funding for two additional park ragers. budgeting money to add another two rangers. hoping to have more rangers to control homeless encampment areas will discourage the homeless from returning after the camps are cleared out. something every -- weather-wise this week for everybody. >> the buffet. >> full service here.

>> fill her up. a good looking day. live picture. a couple things to point out here. glassy out there on the bay this morning. beautiful start to the day. look at cool, low clouds. hovering here in layers. we call those layered stratous clouds. a beautiful sunrise. we'll show you pictures as that sun starts to make an appearance. temperatures, 66 degrees in san jose. 66 in oakland. 64 san mateo. uniform temperatures, you're not seeing a lot of microclimate separation because of the clouds overhead. 63 in milpitas. 66 san jose. stop the clock for you. expecting fog and light showers in the north bay for the first part of the morning. by late morning all of the activity expected to clear. futurecast tells that story. by 9:00 a.m. looking pretty good. today in the bay, the fog will stick around but showers out of here. 58 degrees inland 8:00 a.m. 77 degrees at lunchtime. 86 degrees, 10 degrees warmer

than yesterday, and that will be a noticeable difference. overall better when it comes to your morning drive with a lack of showers. next thing the heat, mike. motorcycles will be back out. >> right. warmer weather. got to watch out for two-wheeled vehicles. also looking at south bay where it might not be exciting this is the view of 280 and 880. approved for the area north of here between 280 and stevens creek boulevard. road crew as proved for the next bit of time. that's center of the map. light volume of traffic. a concert at the pavilion, justin bieber's in town. >> what? >> that's where we are. thanks for watching us, justin. northbound 880 past coleman a crash on the shoulder. that's what i'm supposed to be pointing out. it's over on the shoulder now. it should clear up over the next few minutes. major slowdown from 238 up

toward marina. southbound sideshows slowing as well. road crews approved for the morning clearing now. roadway likely moving smoothly aside from right through that. >> we are officially part of the club. >> can you get the bieber fever. >> i've got it bad, posters, the mugs. 5:10. coverage of the supreme court's decision on california's proposition 8 continues next. hear from a legal analyst following the case since 2004 when california issued its first marriage license to a same-sex couple. auto theft danger. two cities that rank tops in the nation when it comes to auto thefts. and a number of others are not too far behind.

welcome back. 5:12. the fight for same-sex marriage raged in california for nearly ten years. it started in 2004 when then-france mayor gavin newsom asked county supervisors to allow same-sex marriage. the weddings were later stopped by the state supreme court. in 2008 same-sex marriages briefly became legal when california voters struck down proposition 22. november voters passed proposition 8 beganing same-sex marriage in california. today, the supreme court makes the ultimate decision on prop 8. marla tellez joins us with perspective from a legal analyst what we can expect to hear today. >> good morning. dean johnson a criminal defense attorney, providing legal analysis on california law for years includes same-sex marriage laws since 2004. you're an expert when it comes to this theme. thank you for waking up so early today. >> my pleasure. >> you have had your eye on this

for almost ten years. you've been watching it at the high court over last few days. whaens you're sense of the ruling? >> we'll seal prop 8 and doma overturned as unconstitutional but the theme is going to be state's rights. the supreme court is not going to make a broad decision there's a fundamental right to same-sex marriage. they're going to say let the states do it. the states define marriage and we're going to leave it that way. they're going to say california tried to do it but didn't do it right. and so the states are left with this. we're not going to have a federal constitutional right of same-sex marriage. >> so you do foresee that same-sex marriage is going to become legal in california? >> i think it will. i think that will happen. it will spread slowly. it won't be done by one stroke of the pen by the supreme court. >> talk about the possible outcomes, because you taught me there are six possible outcomes. why don't you explain that. >> one, of course, is simply to

reverse the 9th circuit and say there is no right to same-sex marriage. another one wul be what we just talked about which is the california-only solution to say that there may not be a fundamental right but california's process violated equal protection. other possibilities the court could say that the propose points of prop 8 have no standing, they have no right to be in the federal courts. the case could be dismissed. the supreme court could do a kind of odd procedural thing which they call dismissing as improve dentally granted and say we decided to hear this case but n now that we've looked at it it's a bad decision and we'll take away our decision to hear it and not listen to it. and there are other possibilities. >> how likely do you think they'll send it back to california state supreme court? >> it's not going back to the state supreme court. it might be bounced back to the 9th circuit court of appeal. i think that's unlikely.

usually that's done when the court wants to hear more facts. and this is the most complete record every fact you ever want to know about same-sex marriage is in the record that the court has now. so that seems extremely unlikely scenario. we'll know the answer in less than two hours. you'll stick with us. we'll be talking to you in our 6:00 hour. dean johnson, thanks so much. >> thank you. microsoft using the bay area as a stage to unveil brand-new changes to windows 8. bertha coombs, live at cnbc world headquarters with details. also a look at how futures are trading. a decent start to the day. >> looks like it so far, jon. in 15 minutes we'll get a final reading on first quarter gdp, the pace how the economy degrgr during the first three months.

new home sales and home prices helped the nasdaq snap a four-day losing streak. dow rose 100 points to 14760 and also the nasdaq as well break that losing streak, rising to 3347, adding 27 points. microsoft going to take wraps off of its new tune-up on flagship windows 8 software today. it's dubbed windows 8.1, code name blue. aimed at addressing the gripes people have had with the latest version of the operating system. one of the chief ones being the lack of start button on the lower left hand corner of the screen. update free for microsoft's partners. it will be available to general public later this year. we all think we like change but you move things around on us and it's annoying. >> especially when it comes to technology. i like to keep it simple,

streamlined. eventually i lose my mind. >> but it seems like engineers, what they consider streamline and what i consider streamline are always two different things. i wish i could go to the developers' conference and bend their ear about outlooks. >> i like the way you think. >> check the forecast with meteorologist christina loren. talking about the warm-up coming our way. >> the heat cranks this weekend. nothing to do with the biebs being in town. 5:18. what we are expecting. this is highly unusual. typically i don't talk about what happened the day before unless it's unprecedented and that's what happened yesterday. shattered rainfall records for the day. some places picked up over an inch of rain yesterday. overall storm totals. sebast sebastopol, 2 inches of rain. one in santa rosa. richmond half of an inch.

san jose, not enough but enough to pick up the air quality, .03. you can see showers in mendocino county to the north of the north bay. expecting them to stay there over the next hour and a half and some moisture will slide to the south. let the doppler swing around and you can see nothing. not picking up any moisture now. showers fade. high pressure moves in quickly. temperatures will climb. 85 degrees, might back in ac territory in livermore. 81 in san jose. 87 in gilroy. want to hit the beach? wait until noon. beautiful day. better beach weather around the corner. temperatures continue to warm up. we'll be in the 90s tomorrow. mid 90s jumping up into the upper 90s friday to saturday. and there's triple digits, mike,

i've been warning you. it's going to get hot. >> i don't like triple digits. i mean -- well, yeah. against those numbers. here toward the bay bridge toll plaza, i'm all for this. a smooth, clear drive at toll plaza. here, you see low clouds hanging out. from our emeriville camera, we can't see the bay bridge from time to time as clouds drift in front of it and across the view for the bay bridge. moisture's out there. may be issues heading towards the hills through the areas later on in the morning as that drifts around. a smooth drive for the maze. no problems. easy drive at limit through berkeley and the like. oakland smoothly for 880 and 580. 238 slowing. it has cleared as construction clears have cleared. 880 between 238. good stuff toward the san mateo bridge. tri-valley moves nicely. no delays. slowing both directions

approaching 680, that's traditional this tile of day. no incidents reported. a crash north 880 at coleman that has cleared to the shoulder. palo alto, peninsula, end with the shot, smooth drive. a good number of cars on the peninsula but you're at the limit. >> hopefully the rightful owner's behind the wheel because auto thefts are on the rise. numbers are disturbing here in the bay area. for the first time since 2005, bay area cities ranked among the top ten in auto thefts per capita last year according to the fbi. richmond, oakland placed first and second with cities of 100,000 people. vallejo, antioch and hayward cracked the top ten. san jose increase of 71% last year compared to statewide percent increase of 11%. san jose ranked 16th nationally. >> a program to cut down on

suspensions at a south bay school district appears to be working. four schools in the east side union high school district participated in the pilot program. the goal, to reduce the use of out of school suspensions in favor of alternative solutions to try to keep students in school. on average, school saw number of students suspended drop by 30%. that is significant. and it cut the number of suspension days nearly in half. santa clara county public defender's office will present findings to the school board tonight. 5:22. paula deen finally, finally arrived at the "today" show. what she had to say to matt lauer about her recent admission to using racial slurs. part of the interview, next.

the controversy surrounding paula deen has hit a boiling point pop dean admitted to using racial slurs and tolerating racist jokes in the kitchen of a restaurant. since then deen lost a contract with the food network and smithfield food. deen said she used the word only once. >> the day i used that word, it was a world ago. it was 30 years ago. i had had a gun put to my head, a shaking gun because the man that had the gun to my head, unbeknowing to me the customer at the main office. >> the full interview will air on the "today" show this morning. hopefully offer more explanation. >> she was a no-show, finally getting there to the "today" show for matt to talk to her. 5:25 now.

christina loren what is happening today besides temperatures rising? >> feels like florida. it's balmy and temperatures are close to 70 degrees in places like sunnyvale, 67 degrees at 5:26. we do have a warmer day ahead. temperatures are actually going to climb by five to ten degrees. we climb through monday. tacking on more and more warmth. the time line for your city coming up. >> good morning. chp report quiet now. hope i didn't jinx it all. north bay, smooth flow as well. southbound commute building. glow to the lights here. there is moisture. low clouds, foggy type situation. here we have fog at the golden gate bridge itself. that's impeding your view across the bay. slick roadways still there. bay bridge smoothly but low

clouds hoovering around. 880 through fremont clearer. 5:26. a few hours away, we have a live look for you at san francisco where they are waiting to hear the final word from the supreme court about california's ban on same-sex marriage. live team coverage in san francisco and from washington, d.c. next. >> there's a huge explosion of water behind me. and i knew something wasn't right. >> something not at all. it's a story only he can tell. one bay area man's run in with a shark.

we love our family and look forward to the day when we will be treated equally just like our neighbors' families. >> decision day. in less than three hours we'll know if same-sex couples will be allowed to marry in california. live in washington, next. also, the doors will open at

san francisco's city hall in less than an hour illuminated in rainbow colors. how the bay area is getting ready for the historic ruling. expecting more showers this morning before high pressure moves in quickly. drives our temperature near-record levels. heat is going to crank. what that means for where you live coming up. >> rain might be gone but we have leftovers, slick roadways around the bay. also watching it as that commute's kicking in for south bay, coming up. a great thing about these bay area mornings, beautiful. take a look. is that not picture perfect? >> clouds in the front, cool water on the side. >> the bay bridge. >> got it all. total package. >> when a tanker looks good, you know that. wednesday june 26th. this is "today in the bay."