♪ good morning. we could be just a couple hours away from learning a federal judge's decision on california same sex marriage it's the prop proposition 8. we have coverage on the pending announcement. let's begin with terry mcsweeney at the fedal ry

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aus close attention to news analysts this afternoon trying to find out about that ruling the minute it's announced. >> are you a twitter person? >> i am not. and i don't belong to any social networks. >> the way you'll get your news is -- >> i read the paper and check online. >> you'll be online a lot today? >> i will be online all day today. >> i think everybody should be a chance to li their lives and

just be who they wannbe. >> we don't have litigation. are you tir of this? >> i'm getting tired of this but i know it will happen eventually. i just wish it were to happen now. >> there will be a rally here in the castro district this evening beginning at 5:00 from 5:00 to 6:00 and then at 6:00 a march will take place from here to city hall and with a stop at the lgbt center on market street. once at city hall from 6:45 to 8:00 there will be yet another rally. reportin live in the castro district, abc 7 news. >> heather, thank you. >> abc legal analyst dean johnson joins us ahead of that ruling and based on the evidence we saw at trial, what do you expect that ruling will be? >> the trial is really lopsided. the evidence in terms of both its volume and credibility favored the plaintiffs, favod finding prop 8 unconstitutional. it's important to remember this judge is watching the trial.

he has to decide this case based on the evidence that he saw at trial. if he does that he's going to strike down prop 8. >> in california legal history it's been given to a gro and taken away. >> no. a bigger issue than same sex marriage. we've en over the years rights expanded but never seen the situation where one moment a group of people is given a fundamental constitutional right and then weeks later it's snatched away. >> all right. dean, if prop 8 is struck down, what kind of effect will this have on other states that may have similar bans? >> there are five states that have the functional equivalent of a prop 8. we'll is he parallel litigations in those states and that those cases will funnel their way to the supreme cou on very much the same time track as this case. >> the supreme court has heard this type of issue before but years and years ago. >> a little known piece of history, baker versus nelson,

the supreme court was presented with the issue of same sex marriage. at that time ty said there's no issue. the supreme court would not treat that issue thsame way today. >> different times. dean, looking at the current makeup of the high court, should either side feel like they'd have an advantage going in? >> not really. i think most people believe if this court has presently constituted or were to decide the case it would be anthony kennedy having the swing vote. wherwill anthony kennedy go? we don't know. we know he was the author of a decision called lawrence versus texas in which he said we as a court have not given enough legitimacy to same sex relationships in the past. we now need to reexamine the jurist prudee of the relationshs. >> if pr 8 is upheld, if the judge upholds it, contrary to what you might think, what

happens, it goes to the supreme court and then there will not be any marrges of course until there's a ruling on that. >> if prop 8 is upheld the plaintiffs will undoubtedly appeal to the 9th circuit. i think the 9th circuit given recent decisions might very well reverse that and strike down prop 8 and the loser in the 9th circuit will go to the supreme court. >> that ruling between 1:00 and 3:00 and you will be here. >> i will be here. >> we appreciate it. let's take a look at the battle over same sex marriage over the last six years in california. 2004 mayor gavin knewsome issued marriage licenses to 4,000 same sex couple the ste supreme court ruled they were invalid. newsom overstepped his authority by issuing the marriage licenses. 2008 the court had a legal challenge on the state's definion of marriage.

18,000 same sex couples were married. califoia voters passed propositn 8 in november 2008 overturning that court ruling. and that is the vote that led to the fedel trial on california's same sex marriage ban. plea stay with abc 7 news for contuing coveragetivity proposition 8 ruli. the ruling is expected between 1:00 and 3:00 this afternoon. we will carry is live at abc 7 and abc7news.com. several rallies will be going on today after the judge's ruling. you heard that in heather's report. for a list of times and locations around theay area, go to our website. look under "see it on tv." >> let's move to other news. intel will change some of its business practices as part of a settlement of a federal anti-trust lawsuit. the deal ends what analysts say was harshest legal action intel has faced during a decade of disputes. the government accused the semiconductor giant as bullying computer makers to protect its

domince. it agreed not to pay computer makers for avoidin rifle chips or retaliing when they do. they maintain it wasn't dog those things anyway. >> president obama saying the operation of the gulf oil spill finally close to coming to an end. he's optimistic after b.p. announce its latest procede appears to be working. crews began pumping drilling mud into the blown out well overnight pushing the oil back toward its source for the first timeince last april. despite the progress, the recovery efforts aren't over yet. >> we have treverse the damage that's been done. we will continue to work to hold polluters accountable for e destruction they caused. make sure folks harmed are reimbursed and we're going to stand by the people however long it takes until they're back on their feet. >> president obama praised a federal report that says only

about a quarter of the spilled oil remains in the gulf. nearly threeuarters of the oil, 152 million gallons has been conined, cleaned up or disappred. >> the attempted assassination on iran's president. the story iran is telling. >> and san jose, firefighters have a surprise for an elementary school destred by elementary school destred by i spend three hours on mhomework -- or at least that's what mom thinks. with high spd internet from at&t, i get my homework done fast,

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the nevada economy took a di on his watch... "it was the policies of the prior adminiration. we're trying to dig our way out of that." but now harry reid's numbers and theirs seem to be on the upswingabout 700-800 million dollars i brought the state of nevada. his strategy for re-election... "she's not man seam for nevada or probably most any other place in america." and his pls for the country. "we have a long wayso go but we're gonna get there." david brody's exclusive interview with harry reid... on the "700 club" iran's official news agency

is denying reports that there was an assassination attempt on iran's president. a grene exploding near president mahmoud ahmadinejad's convoy traveling from an airport to give a speechn the country's nuclear program. now witnesses say thelast was from an excited fan setting off fireworks. an iranian general says reports of an assassination attempt were circulated by foreig media. he was not hurt. >> the fire stion that responded to a devastating fire at trace elentary last month is going beyond the call of duty today to help the kids there. arson investigators e still trying to find out who set the fire that cost $10 million damage. the community has kicked in thousands of dollars to rebuild. theresa garcia joins us now. fire department 7 is making a special presentation today. >> they sure are. fire station 7 is giving something special to trace school officials today, and that is definitely to help remember its history. station 7 was the first one to

respond during that devasting fire. one month later it's giving the somethinto help lift their spirits as they rebuild. more tha 100 firefighters struggled for hours to put out the raging five-alarm fire at trace elentary. the july 5th arson fire gutted parts of the san jose school. today lone concrete columns mark where a building once stood. amongst all the rubble firefighters made an amazing discovery they'r giving back to trace. >> while we were diggi around trying to put the fire out, we found this american flag that was rolled up and for us it was almost a small miracle. amidst all the destruction. we hav an appreciation for teachers and educators. we wanted to do this special thing for them. >> during a special community gatherg at station 7, the burn foundation presented a $5,000 donation to trace to help rebuild and resupply the school. the district superintendent calledhe firefighters' actions a double gift.

>> they put out the fire and now they've come together to raise money for the school to help with the rebuilng effort and help us get back in that school for august. amazing to watch th happen. >> when the first school bell rings august 15th, trace's k-5th studentsill have a place to go with newportable classrooms. >> moving fafat. we are on schedule and we'll have this school open for those kids on that day. >> trace school officials say they're grateful for all the donations of that been coming in. they expect it will take up to two years to rebuild. meanwhile the arson inveigation continues. theresa garcia, abc 7 news. >> looks like she's seen a little sun in san jose, mike. >> one of the first areaso see sunshine. the east bay the warmest weather but even there temperatures could be 1 to 7 degrees cooler than yesterday as the clouds are slow to depart the bay area. thiss not even the coolest of the weather. we'll talk about when it gets to

your neighborhood. >> mike, thank you. it's president obama's birthday. how he's celebrating and what he says is differe as he ages in office. >> a truly bizarre home invasion. how one woman usedher feet to call for help after th burglar left her tide . i know. i know i need to quit this

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president obama turns 49 today and he's celebrating without his family. first lady michelle obama and their younger daughter sasha are in spain for a week-long vacation. malia is in summer camp. present obama is in washington with meetings. mr. obama admits his metabolism is slowing down and he's got a lot more gray hair sincee took office. >> do you feel like the weight of the presidency is accelerating his aging? >> i can't imagine the weight of the job doesn't take a toll. it will just require him to get more frequt haircuts. >> president ama will travel to chicago tonight where he will have dinner with fries. he looks great. >> if a haircut would only cure the gray hairs. >> mike, you don't have any.

perfect. >> no gray there but look outside, plenty of gray there. >> let's take a look outside. instead of what's in my head on on my head. the black hairs that i have left. we can see from south beach and downtown sanrancisco still covered with clouds. how about one more perspective of 2600 feet. sausalito clear out and possibly tibb ron also. look at the clouds. hold stubbornly around the bay. in ft, from the top down you can see how much slower the clouds are moving away than yestery. that's going to lead to cooler conditions today everywhere. in fact, we're sll in the 50s around napa, san rafael, san francisco, oakland, half moon bay. 60s fo the rest of us and of course antioch is differe at 75 degrees. around the monterey bay, look how thick the clouds are, even gilroy and salinas where you should see sunshine any minut hour highlights. the cooling will be felt greatest in our inland areas. you'll see the biggest drop in

temperatures, thicker, drizzle doesn't and below average temperatures all seven days of the forecast. san francisco and oakland you see 1 to 2 degrees drop, fremont 4. concord dropping 7 degrees. opening up the cooler air and modified air from ov the ocean. you can see how the layer is deepening. because of the stronger sea breeze will bring the clouds, notice how ty're hanging around longer. that'shy we're going to be cooler not only today but even more so tomorrow. low to mid-70s most of the south bay. saratoga and los gatos. more 6s on the peninsula, millbrae, san mateo and men lo park. upper 50s, mid-50s daly city at 56. downtown south san francisco, sausalito low to mid-60s. mid to upp 70s throug your valleys. only mid to upper 50s at your coast. look at ukiah, low to mid-90s. 60s on the east bay shore.

jai al union city and fremont. you'll be arounds 7 and 72. low to mid-80s the east ba valleys today. same thing with morgan hill and gilroy. mid to upper 60s most of the monterey bay. cool at 60. cooling into sacramento and 87. about 81 with sunshine around tahoe. a game at the coliseum. split the firstwo with the royals. a 12:45 game today. also doing a fund-raiser. get ice cream and raise money. 56 by the end of the game. low to mid-50s tonight. temperatures dropping 4 degrees tomorrow. so from torrow all the way through the end of the weekend we'll be in the low 80s inland, upper 60s to near 70 around the bay and mid to upper 50s at the coast. >> all right. thanks, mike. >> an atlanta woman says she was tied up during a home invasion but managedo type out a cry for help on her computer using her toes. she was asleep when an armed

robber wearing a ski mask broke into her home and hit her in the head with his gun. he left her laptop behind. said she was close enough to the laptopo grab it with her feet. she started typing sending instant messages to her boyfriend. >> i used my right toe to operate the mouse on the touch pad. >> uh-huh. >> and i used my left toe and clamped this power cord between my toes to hit the keys. her boyfrien was awake and online and calle police. she cons convinced the robber to leave her computer behind telling them it had a tracking device. they a still looking for her stolen car a the robber. >> she can really think on her feet. (laughter) >> not bad. >> we'll be right back. xx

>> today on oprah at 4:00, former first lady laura bush on her marriage and the tragic accident she caused as a teenager. at 5:00, are you constantly sleep deprived? what it takesoo catch up on your sleep and function normall again. stay with abc 7 news for continuing coverage of the proposition age ruling expect the between 1:00 and 3:00 this afternoon. we will carry that decision live here on abc 7 and at abc7news.com. of course, we'll have reaction for you on abc 7 news at 5:00. >> before we go, one more look at this cooling trend. >> yes. pretty significant. we've talked about four months in a row cooler than average.

same way. even cooler tomorro with that 4 degree drop in most areas. a long time before we see sunshine at the coast. stuck in the mid to upper s at least through the early parts of next week. >> mike, thank you. >> like we went from spring to fall or something. >> som people like the cool. >> yeah. thanks for