open late. >> we have live team coverage today. >> reporter: the first same sex marriage ceremony is complete. and now those marriage ceremonies will continue tonight here at city hall. the 9th circuit court of appeals lifted its day on same sex marriage around 3:30 this afternoon. at 4:00, this couple was at the clerk's office getting a marriage license, and at 4:45, kamala harris performed their marriage sar moceremony. quite a crowd gathered to witness the ceremony. chris perry said she was elated. and she wants all same sex couples to fight to get married.

>> because really what we wanted so desperately was for our own sons to know that we love them and each other enough to fight to be married, which now we are. and other families in similar circumstances, you should fight to be married too. >> reporter: perry was one of the plaintiffs in the prop 8 case. they went to a marriage ceremony this afternoon. word is spreading. couples are lining up to get their marriage licenses. one couple in line said they saw the news on the television. they were at the gym on the treadmill and came right down here to city hall. as word gets out, people are dropping everything and coming down to city hall to get their marriage license and to line up and get married. ceremonies are being performed all over. volunteers are coming in to

perform the ceremonies. there is a lot of joy. and it will continue until 8:00 tonight. and they will be open for marriage heir moanies all weekend. another historic evening in san francisco. he is an essential and polarizing figure in this debate. it was newsom who first issued marriage licenses. he talked about the divisiveness of this issue. >> my own father in 2004 said can't you be a good progressive judge, can't you just call it something else, supportive equality, but had a difficulty coming from eye refresh background with marriage equality. he changed his position. truly millions of people across this country the positions have

legitimately evolved. i respect people of a different faith who have a different point of view. these are several unions. and i hope they will consider the full promise of the constitution is afforded everyone. >> the lieutenant governor said he wasn't surprised by the news. he was surprised when the 9th circuit of appeals didn't lift the ban on wednesday. >> reporter: very different story here. it's very quiet here in san jose. the county building is now closed. 4:30 was the cut-off time. and we did not see any gay or lesbian couples applying for marnl licenses. they said had there been, they would have stayed open. looking ahead to monday, the county expects a very busy day.

they will have a special line devoted to marpg licenses. there will be windows where you can apply for licenses. you can get your license and get married at the same time. it's part of the county's new, press marriage ceremony service. >> we're just going to be busy monday, i think. or the whole week next week. >> reporter: probably for a while. >> yes, for a long while. >> reporter: the doors will open at 8:00 in the morning. they say get here early. we're live here in san jose at the county bidding. thanks so much. as far as other counties from around the bay area, alameda county began issuing marriage licenses for a limited time. they are planning to do it again on monday with or without a bart strike.

san mateo and napa counties did not issue any licenses today but say they will monday. not everyone is happy with the news. we receive add statement from the group called protect marriage.com. they are the official proponent of prop 8. this outrageous act tops off a chronic pattern of lawlessness throughout this case by judgments and politicians hale bent on thwarting the will of the people by any mean, even outright corruption. joining us is dean johnson. can you explain to us what exactly happened today? >> it's very simple. there was a day of the district court's order in effect. the trial court. the 9th circuit lifted that stay. so what judge walker said at the end of the trial now becomes the raw between the parties. state officials who issue marriage licenses are enjoined from refusing an otherwise same

sex couple a license. and if they refuse, they could be held in contempt of court. >> we're going to have to wait20 to 25 days, but we waited two days. >> it's a slight surprise. usually federal courts are very careful about dotting all the is and crossing the ts. there's to rule that says a stay has to be in place during an ale peel. >> coincidence that it's gay pride weekend this weekend. >> i don't think it's pressure. since the governor and the attorney general were the only people who had standing to object to lifting the stay, they said there's simply no reason not to go ahead. >> there are millions of people in california that voted against

gay marriage. also the catholic church is against it. in terms of opponents here, do they have any chance legally to stop any of this? >> there's one legal maneuver left to them, which is to petition the supreme court for rae hearing, but those petitions are very seldom made, very seldom heard and almost never granted. and i don't see grounds for such a petition in this case. so i think we're safe saying that same sex marriage is going to go ahead. >> nationally now, there's still plenty of states that don't allow this. is this going to be a domino effe effect? >> i don't think so. it's whether the federal constitution guarantees the right to harnl. that will have to be litigated. and that's the only weapon that people who live in states where sam sex marriage is right now banned have. they're going to have to bring that issue to the supreme court. >> in california people against

this in terms of percentage, 10% chance, 50% chance of overturning any of this? >> i don't think this is going to be overturned. a final decision by the united states supreme court is about as final as it gets. even though an imaginative lawyer could come up with an idea for another stay to be in place, that's not going to be the future as far as anybody can tell. well, this historic week against dentally happening during gay pride weekend. >> reporter: everybody is abuzz with the news and most people are telling us it's about time. a lot of people out here are shocked that the stay was lifted so quickly. most of them, they woke up this

morning. they did not think this would happen so soon. initially the court said it would take at least 25 day does act on that ream court decision. but now that the state is required to issue marriage high senses to same sex couples people are olated. we've spoken to straight couples, gay couples, single, and everybody in the castro said they are thrilled with the decision. >> i think it's awesome. i think it's about time that everybody was treated equal. this is america. it's pa threat eck wherex'$i we been for so long. yeah. it's a great day. it's a reason to celebrate. >> yes, we should have the same privileges as straight couples. of course. >> about time. you take religion out of the equation, nobody can give a legitimate answer as to why gay people can't get married. clear as day, all men are

created equal. >> reporter: this vein will have added significance and it gives them more reason to celebrate. in just the last hour the sidewalks have gotten a hot more crowded. and we expect more people to come to the castro as the evening wears on to kick off the celebration. live in the castro, nbc bay area nahs. and with continuing corning of the same sex marriage, the social media reaction. also ahead, taking action after our), investigative unit exposes how farms are using young children in the fields. we have new details of a bill making its way through washington that can finally end the practice. and hundreds of thousands of people could be stranded come monday morning as they figure out the bart situation. i'm live in oak hand where talks hit a very sour note today. but we just got an update

minutes ago. we'll have that coming up. and we're tracking triple digit heat in the bay area. this is leading to new heat warnings. also a spare the air alert. well weigh let you know about some of the health concerns we have for this triple digit heat when we come right back.

now to the latest on the looming bart strike. the clock is ticking. monday morning, bart workers could walk out on the job. and commuters could be jammed. at this hour, negotiations are stalled. we are live in oakland. andy understand you just heard from bart. >> reporter: yeah. that's right to the both of you. good evening. bart spokesman telling me that the agency has responded to all of the proposals on the union side, agreeing to about half a dozen of them and changing some other parts of this negotiation. he wouldn't get into specifics, but there is some movement.

he says the union has not responded though at all today. and frustration did seem to hit a peak today as beth sides blame the other for stalled talks. 400,000 riders every day. >> we have been waiting since 11:00. we have not met with the district. >> they rae fuse to come to the table to work together to get resolution early so we would not have to put the public through this. >> reporter: it depends on whether bart makes talks. >> they're currently paying nothing for their pensions. we feel they should pay a small part of that. the benefit part of the package is up to $50,000. it's one of the fastest rising costs in the systems. >> reporter: bart joins the unions. 1% guaranteed annual raise for the next four years instead of the union's demand of 5% for the

next he years. >> now they're telling us there's no surplus? there's $125 million a year for the next ten years. who do you trust? >> reporter: they say they gave back more than a million dollars in concessions in 2009 and deserve to get paid back. riders are nervous about the threat of no service next week. >> as they prepare to possibly walk out on a strike i think bart employees need to know that sympathetic. >> i mean, no transportation to get where you need to go. >> reporter: and others aren't worried. they're prepared. >> i work for home. that's what the laptop's for. very easy. >> reporter: and telecommuting is one of the recommendations from bart along with car-pooling. but here's another thing, guys. the ac transit workers may also

go on treek come monday morning, that means almost 600,000 people who have to figure out how to get around the bay area. so that means, of course, prepare for lots of traffic. live in oakland, nbc bay area news. >> and there was lots of traffic during that last strike in 1997. thousands of oakland city workers are set to walk off the job. the union represents 2300 city maintenance workers and clerical workes. instid of getting paid back they're asking for an approximate 10% cut in wages and benefits. >> it's time for the truth to be told. it's time for the employees to be treated fatherly. and i'm sorry. it's going to take a strike to get it done. but once that strike is over, we

serve the citizens. >> this comes just as oakland passed a $2 billion spending plan. a spokesman for the mayor tells nbc bay area, that a letter went out to the employees and they're hoping to ten talks this weekend. landmark status may be on the way for san jose.

now the male plaintiffs, the other couple in the prop 8 debate are getting married at los angeles city hall. the person officiatinofficiatin mayor. >> we were here a little over an hour ago. this is jeff and paul, all four were congratulated by the president. let's listen in to the ceremony. >> thousand the contra-- now th of marriage is most solemn. it is not to be entered lightly but seriously with a deep observation of its obligations and responsibility. marriage is also a promise made in the hearts of two people who love each other. and that promise will take a lifetime to fulfill.

now within the circle of its love, maerrriage encompasses al of life's most important relationshi relationships. so paul, do you take jeff as your lawful wedded spouse in. >> i do. >> jeff, do you take paul to be your lawful wedded spouse? >> i do. >> do you each promise to love and comfort one another? to honor and keep one another in sickness and in health, in prosperity and adversity and/ke forsaking all others, be faithful to each other as long asywn you both shall live ? >> we do. >> i don't know about you, but i

got goose bumps. >> now the wedding ring is an outward sign. >> listening in live there. these are the other two plaintiffs in the prop 8 case going to the supreme court. >> and the san francisco attorney general officiated that marriage. keep it right here and on our website and we will be right back.

really hot$x outside. actually dangerous heat. >> it's not too often you see excessive heat warnings issued for parts of the bay area. we saw day one of what i think may be five days of triple digit jt up for the bay area. we got up to 103 degrees in livermore. south of downtown san jose,

weather watcher there, steve, reporting in about 100 degrees in south san jose. look at santa cruz, 87 degrees. past pillar point, low 70s. and san francisco, 74 right now. you can see the reason why. as betake a look out toward the golden gate, and there is just a hint of fog there. but still a little bit of marine air filtering in towards oakland. relatively comfortable. though tomorrow i think you'll notice it warming up a little bit. no signs of the sea breeze reaching inland. 89 in san jose. we're seeing a little bit of cooling here on the coast. what is a typical pattern is that you get the heat in the day and it sucks in the cool air and

leads to the afternoon sea breeze. inland across those hilltops look how dry it is now. completely different story earlier this week when we had the rain. now we're seeing humidity levels into the teen. so fire danger increasing. you can see the winds picking up to about 22 miles an hour. excessive heat warning. up and down the tri valley. north of the golden gate. these are all locations where 90s to just above 100 degrees likely, now not just for the weekend, but this has been extended through tuesday. you notice san francisco we will see80s there too as we go through the weekend. heat troek becomes a concern there now. once you get above 100 degrees, you notice folks that aren't sweating or their skin appears red, you immediate to cool them down immediately. also air quality is an issue as

winds turn slightly offshore inland. east bay showing unhealthy air. that, too, will continue all the way through tuesday. look at this. this is 10:00. 70s and 80s outside. 60s and low 70s to start. lunch time you're already up toward 100 degrees. mid to upper 90s around san jose. the next three day, these will be the hottest days we've seen inland. temperatures as warm as 105 degrees, certainly out towards the tri valley. we're going to start to see a sea breeze strengthen, noticing it kick in wednesday and thursday. you'll see the inland temperatures really tart to cool down, but this is a significant

heatwave. we're staying with these hot temperatures all the way through tuesday and wednesday of next week. we're going to bring you back to los angeles where a second marriage ceremony is taking place at l.a city hall. the other couple, the other plaintiff couple at the heart of the prop 8 supreme court ruling just got married by the l.a. mayor. and they're speaking right now. let's listen in. >> and, you know, whencc:k we l this earth, people will say that paul and jeff and chris and andy and so many others of us did not stand for being treated as second class citizens. and i hope we did a little bit to change the equality. [ applause ] >> thank you everybody. >> it's been an eventful 90

minutes here in the state and the bay area.#th ahead of us. city hall open this wiuntil 8:0. they're referring to those who got married in san francisco city hall. here's a shot of their marriage. we're going to be back in just a moment to continue our live team coverage about this issue.

an update now on our breaking news. the ninth court of appeals lifted the stay on gay marriage. >> for the first time in five years, same sex marriages are happening. and we go right to san francisco's city hall. and city hall will stay open until 8:00. >> reporter: well, the doors for same sex marriage are open here at city hall. and couples are coming down. they are lining up. that first ceremony happened around 4:45 this afternoon, just over an hour after the ninth circuit court of appeals lifted the stay. this cup was at their