closed captioning by closed captioning services,inc good morning i'm eric thomas in for cheryl jennings. and i'm kristen sze carolyn tyler live in san francisco. >> reporter: gay rights activists say the momentum is with them following this decision today here at the 9th circuit court of appeals. the court has refused to grant a review of an earlier ruling that said prop 8, california's ban on same-sex marriage is uncons al. in february of this year a three-judge -- panel ruled 2-1 that california's ban on same-sex marriage in their words, serves no other purpose than to lessen status and human dignity of gays and lesbians. proto s asked the kaort for an en banc review meaning they wanted 11 judges to take another look. today a majority of judges sent out that -- the word that

request is denied. some judges want to rehear the case in their written dissent said . said one of the things that he would like to see iss that -- see is the conversation continue in a respectful way. today the judges said our court has silenced any such respectful conversation. gay rights advocates are calling it another victory for loving, committed couples in california and around the nation. despite this announcement the ban on same-sex marriage stays in place for 90 days to give the sponsors of the measure time to appeal to the u.s. supreme court and they have let us know this morning that is exactly what they are preparing to do. we are gathering reaction from all sides and we'll bring it to you on abc7 news at 4, 5 and 6 live in san francisco, outside the appeals court, carolyn tyler, abc7 news.

this morning san francisco's suspended sheriff is waging a fierce legal battle to keep his phone and text messages away from the people who want to fire him. terry mcsweeney is live in san francisco and the mayor wants these records, why? >> reporter: mayor lee has already suspended ross mirkarimi from the sheriff's office, without pay. he wants him gone for good. he thinks something might have occurred, something he would prove with these records that would make it easier for him to get rid of mirkarimi once and for all. look at the sheriff, not in court today, this morning it was attorneys-only. mayor lee wants to see the texts and phone records of mirkarimi right around december 31st, when the crime occurred, see if he tried to talk anyone out of cooperating with the police investigation into domestic violence against his wife. video of her bruise made it to the public venue aren't mirkarimi pleaded guilty to misdemeanor false imprison. he has been suspended without

pay by mayor lee. the mayor wants him gone. the ethics commission will hold a hearing into misconduct charges. the city wanted more than just phone records it wanted the entire criminal case file sent to the ethics commission. >> now the mayor is seeking to get the entire criminal case file and we know if what he's done with the video is any indication he's going to release that as well. that's the legal and the judge agreed with -- that's illegal and the judge agreed with they are not entitled to the entire case fight >> reporter: the judge asking the attorney for mr. mirkarimi as well as for the city to get together and talk about specifically, which text, which phone s, you want from whom, to whom. and the board of have advisers they will get this to decide whether mirkarimi is going to be able to return to his job. today a ruling saying come back the day after tomorrow and tell me if you have figured out a compromise. as far as that criminal case file that is not going to the ethics commission, according to the judge.

terry mcsweeney, abc7 news. update on a story abc7 news told you about yesterday. prank that got out of hand at an east bay high school. we are told the assistant principal of brentwood's heritage high will call each parent later today regarding possible punishment. last thursday night seniors decided to paint parts of the school one group chained a lamb up. the seniors have been suspended for five days, no final exams or graduation. the school was hit again over the weekend that appears to have been the work of an earlier seen class who spray painted the school's windows. standoff in oakland ended peacefully this morning with an armed stolen car suspect surrendering. he turned himself in 3 a.m.. he barricaded himself in a home on high street with three hostages inside. the incident began last night when deputies tried to stop three suspects in a vehicle

that was reported stolen. police arrested one man, one is unaccounted for and the third barricaded himself in the home. >> primary mission to protect everyone involved, including the suspect. we were able to with our s.w.a.t. team and hostage negotiations come down here and have a dialogue with the suspect and talk him out and surrender to the police. >> no one was injured. the three hostages, the woman, child and man were all let go before midnight. today for the first time, californians are able to vote for either or neither of the major party candidates in a primary. amy hollyfield is live at a polling place in alameda county. they are expecting a low turnout, even with the new voting methods. >> reporter: yeah, it is not looking so good. you probably will not have to wait in line today if you want to vote. check out this polling place in oakland. this is a good crowd compared to what we've seen. nothing like the crowds we saw

during the last presidential primary. election workers are not worried about running out of ballots today. it looks like the predictions of low voter turnout today may come true. elections workers planned for crowds, just in case. those plans were unnecessary. >> if you were here four years ago at thyme of the election, you would have seen hunt -- at this time of the election you would have seen hundreds of people in line today there is nobody in the halls. >> reporter: many don't plan on getting there today, as we found by stepping out on the streets. are you voting today? >> no, i'm not. you got me, sorry it >> i don't know about it. i didn't know we were supposed to vote today. >> not today, no i have other business. >> so far nothing that is really getting people's attention. it is tough when there's a presidential primary and you already know who is going to be on the ticket in november. >> reporter: there's something new this election for the first time california has a

top two primary. the top two winners will advance to the general election no matter which party they belong to. >> big change for people. i don't know people have been confused by it. it is different. >> reporter: a polling place in oakland there were more voters than we saw downtown. the crowd was thin compared to past elections. those who showed up to vote on propositions and candidates, say they wouldn't miss it. >> it doesn't take exciting elections to get me out to >> reporter: for the first name alameda county the ballot is in vietnamese and -- there are election officials in the county monitoring the election that issue among others and the registrar was joking with me saying he's worried that maybe at some polling place there is will be mormon than voters. amy hollyfield, abc7 news -- -- mormon fors than voters. a -- go to abc7news.com for up to the minute returns as soon

as the polls close at 8:00 tonight. news that moss will tweet results throughout the evening you can follow us on twitter @abc7newsbayarea. president obama will be in san francisco tomorrow hoping to raise a lot of campaign cash. he was in the bay area two weeks ago holding fundraisers. he raised an estimated four million dollars on that trip. tomorrow he plans two fundraising vents in the financial district starting,ú=[- fundraising events in the financial district starting noon. still ahead, celebrating a queen. a rare royal speech from queen elizabeth this morning on the final dave of her diamond jubilee. we'll show you all the royal festivities. and the rare celestial sight you will see today and won't see again for more than won't see again for more than 100 years. [ female announcer ] now get high speed internet at homee

on our newly expanded advanced digital network, a connection you can count on. introducing at&t u-verse high speed internet with more speed options, reliability and wi-fi hot spots than ever. call at&t now to get u-verse high speed internet for as little as 14.95 a month for 12 months with a one-year price guarantee. it's the fastest internet for the price. our newly expanded advanced digital network gives you more of what you enjoy online. and with at&t, our wireless gateway turns your home into a private wi-fi hot spot that connects your wi-fi devices and can even save on your smart phone data usage at home. so call now to get at&t u-verse high speed internet for just 14.95 a month for 12 months with a one-year price guarantee. that includes access on-the-go to our entire national wi-fi hot spot network, with nearly 30,000 hot spots. at&t u-verse high speed internet. now on our newly expanded advanced digital network, a connection your whole house can count on. ♪

the 100% electric nissan leaf was the perfect car for you... that you can charge it at home like your smartphone... that you'll never have to buy another tank of gas? [ brian ] really looking forward to not having to put 75 bucks in the tank twice a week just to go back and forth to work. [ shannon ] i have absolutely no idea what the price of a gallon of gas is. [ male announcer ] or that it's never been a better time to check out the nissan leaf. ♪ and the best part is, you won't miss a thing. [ ryan ] they built this car from the ground up thinking about things like how can this integrate with technology? drives like the regular car, looks like the regular car, but underneath the hood, it's really different. [ male announcer ] so, don't miss out on this one-of-a-kind car for the real world. the 100% electric, zero-gas nissan leaf.

nissan -- innovation for all. [ female announcer ] now get a nissan leaf for $289 a month for 39 months. visit leafoffer.com for more information. ♪ . you could practically hear the cheering from here this morning brits were jubilant as the queen marked the final day of her diamond jubilee celebrations acknowledging their love from buckingham palace. katie marzullo join us with the festivities. >> reporter: just when you thought william and kate's wedding was the biggest royal event imaginable you get the diamond jubilee. look at these crowds this morning. tens of thousands of people followed the queen around on

the last dave her jubilee, which include add hour ago, a rare address to the nation. >> -- >> the events that i have attended to mark my diamond jubilee have been a humling experience. >> reporter: 60 years into her reign the 86-year-old queen did something she almost never does, she gave a speech. she recorded the two minute address yesterday. >> i will continue to treasure and draw inspiration from the country's kindnesses shown to me in this country and throughout the commonwealth. thank you all >> reporter: hearing from the queen was the icing on the cake for the throngs of supporters. this morning, started with a thanksgiving service at st. paul's cathedral. >> i don't think it is at all fanciful to say that in all her public engagements our queen has shown a quality of joy in the happiness of others. >> reporter: then, a lunch for some 700 people at westminster hall and more glowing praise for her highest in.

>> you are a -- constant in a changing world and a constant good. with a reign characterized by a very personal connection and affinity with everyone you meet. >> reporter: from lunch the queen low led a procession to buckingham palace she rode in her favorite carriage with charles and camilla, william and kate weren't far behind. the crowd went crazy when the queen appeared on the balcony. then the volume went up another notch. a royal air force fly-pass as they call it in britain. and the rifle salute by the queen's garr. all in all, a sparkling diamond jubilee. the only thing missing the queen's husband prince philip. the nearly 91-year-old prince is in the hospital with a bladder infection. >> that was a bummer, but they say the show must go on. >> it does indeed. >> meteorologist mike nicco

with our forecast. clear outside compared to yesterday thyme rain over warmer weather on the way if you are leaving the house now about eight degrees warmer already, 80s back in the forecast. the white house teams up with the magic kingdom. first lady michelle obama to keep your kids healthier. had you a fever could have lifelong consequences for a

the first lady is teaming up with dystrophy to get junk food ads out of television shows aimed at kids. walt disney chairman announced by 2015 disney channel and other disney tv and radio stations would no longer run ads for foods high in sugar, fat or salt on children's programming the ban includes disney's website the company promises to show commercials for healthy foods. mrs. obama said the commitment is a game-changer in the fight against obesity. >> this is a major american company, a global brand, that is literally changing the way it does business so that our kids with lead healthier lives. >> disney will also cut the amount of sodium in kids' meals served at disneyland and its other theme parks. disney is the parent company

of abc7. we know what is healthy is getting out and getting fresh air. >> yeah, a lot of fresh air today thank that -- thanks to that cold front yesterday. you can see the cumulus clouds developing, moisture on the ground heating it up, releasing that rising air creates that as we look north from sutro tower this morning. let's look at live doppler, we can see that there are rada returns developing right along the eastern border of napa county that's about it, those are some instability showers. radar returns there is small yellow in there and greens so we could have a light shower along the border. these are all sliding south southeast they could move across solano, fairfield, vacaville across the delta into highway 4 corridor, concord, bay point, pittsburg, brentwood they hold together down to 680 or san ramon valley also.

winds outside of that, gusty, starting to get up around 20 hayward, mountain view and san jose ping-pong between 15 and 25 miles per hour over the next couple of hour. upper 50s along the coast. around the monterey bay 58 there everybody else inland has low to upper 60s. the rest of afternoon partly cloudy and a little breezy today, clear and cool again tonight. warmest afternoons will be tomorrow and thursday. today we warm significantly, some areas temperatures still cooler than average, san francisco 60 two degrees warmer oakland and san jose three to four santa rosa concord fremont six and seven degrees warmer than yesterday. upper 60s to low 70s most of the east bay valleys. mid 60s along the east bay shore fremont and hercules 67. south bay 66 milpitas, 68

san jose. mid 60s dropping into the low 60s from north -- south to north on the peninsula mid to upper 50s along the coast brisk there near 60 downtown and south san francisco north bay valleys upper 60s to near 70 santa rosa and calistoga. 59 monterey upper 60s watsonville and santa cruz near 70 inland. showers most likely north and east low to mid 70s central valley 93 palm springs. game at the coliseum cool 7:05 first pitch 58, dropping to 51 by the time the game is over. if you you are going to watch venus as it crosses sun start in the upper left hand corner first contact 3:06 the ingress. mid point 6:25. we will not see the egress because the sun will have set by then. wear plenty of production if

you are going to look at that low to mid 60s at the coast. small cooling trend friday and saturday, sunday and monday warmer. no rain in this forecast. more news right now. kia motors recalling nearly 73,000 small cars to fix an air bag problem. nhtsa says the recall affects rio cars from the years 2006 to 2008. a sensor in the front passenger seat can crack and not detect whether a child is sitting in the seat that means the bag can inflate in a crash and injure the child no injuries reported and the cars are designed so air bags don't inflate if a child is in the front seat if it sends the child there. kia will replace the senator for free starting next month. new study by uc davis researchers found mothers who have fevers during pregnancies were more than twice as likely

to have a child with awe -- with autism or a developmental delay than mothers who didn't have a fever or took medication to bring down their temperatures. the study is believed to be the first of its kind. >> green bay packer wide receiver donald driver was already famous gained more fame when he won "dancing with the stars." this is video of driver sunday at a charity softball game in milwaukee, he's starting to throw parts of his uniform to fans he threw his shoe the woman wrestled the cleat away from the boy. when driver learned about this he got in contact with the boy and made good. >> how is everything? >> good. >> good. i got some gifts for. she is a human being she made a mistake. i'm glad i put a smile on his face. >> woman got plenty of backlash on facebook especially after she posted a

picture of herself holding the cleat. now she says she wants to apologize to the boy and give him the shoe back. >> that's the right thing to do. still ahead, professional and amateurs have telescopes set up today for

>> if you are looking for a job you may want head to concord in the next hour. a job fair will be held from

noon to 4 p.m. at center concord on clayton road there are 700 openings this week. for more information on the company's hiring and the jobs available go to abc7news.com/ jobs. today at 4:00, summer is here that means more time work on the lawn. the best mowers for your money. at 5, a mom arrested for cheering too loudly at her daughter's graduation. this isn't the only incident of school discipline for rowdy parents. these stories and more on abc7 news at 4 and 5. spectacle this afternoon won't be visible again on earth for another 105 years. >> it is called the transit of venus when venus passes across the face of the sun the small black dof is the silhouette of venus. -- black dot is the silhouette of venus. >> you can have a special telescope or glasses and the observatory deck of the space

and science center will be open for viewing stars around 3 p.m. if you miss it today, you have to wait until 2117 to see it again. >> [ unintelligible ] from three to sunset which will be 8:30 maybe earlier than that. >> i got to watch that. thanks for joining us. thanks for joining us. see y now's a great time to get at&t u-verse tv. make the switch! [ female announcer ] call to get u-verse -- now with free hd -- for only 25 a month for six months -- our lowest price ever -- with a total home dvr included. plus get hbo and cinemax free for three months. [ male announcer ] with u-verse tv, you can record four shows at once with a total home dvr that lets you play back, pause, or rewind your shows from any room. [ female announcer ] so call at&t to get u-verse -- now with free hd -- for only 25 a month for six months -- our lowest price ever -- with a total home dvr included.

plus get hbo and cinemax free for three months. [ male announcer ] and u-verse tv is "highest in residential television service satisfaction" by j.d. power and associates. that's four years in a row! even upgrade to over 170 hd channels. that's more than cable. [ female announcer ] at&t u-verse -- tv like you've never seen before. ♪