legal limbo. that's where same-sex marriage is in california this morning after another federal court ruling. family horror. police hold the mother of two young boys found dead in a car pulled from a south carolina river. and what lies beneath. a new study of the gulf spill says 80% of the oil may still be there lurking under the surface. this is the "cbs morning news" there lurking under the surface. this is the "cbs morning news" for tuesday, august 17th, 2010. captioning funded by cbs thanks for joining us, i'm emily smith. it's back to the waiting game for same-sex couples who want to be married in california. that's the decision of a three judge panel that says the appeals process should be allowed to run its course. and that's likely to take the

issue all the way to the u.s. supreme court. whit johnson is in washington with more. >> reporter: good morning. a ruling on gay marriage in california has been in stop and go traffic for nearly two years now. and the final destination is once again uncertain. same-sex couples in california will not be able to walk down the aisle anytime soon. >> as soon as the news came out, i was very like, oh, we're waiting again. >> reporter: a federal appeals court monday blocked the unions until it rules on proposition 8. the state's ban on same-sex marriage. judge vaughn walker overturned the voter approved ban earlier this month and just last week, he issued a ruling that would have allowed gay and lesbian couples to tie the knot beginning tomorrow. >> of course i'm upset. i didn't know. i was waiting for wednesday at 12:00. >> reporter: the appeals court has promised to expedite the case with opening arguments set for december. but many believe the issue will

eventually be decided here, at the u.s. supreme court. >> i think it's good for everybody to get this resolved. >> reporter: a lawyer defending the ban says he's happy with the court's decision. >> even though it's not the final word yet, we still have appeals to go through, but for the time being, the vote of the people has been upheld. >> reporter: as for those couples whose wedding plans are now on hold indefinitely, they refuse to give up. >> i know ultimately we'll get full rights and marriage equality will come to california. >> reporter: a ruling isn't expected before next year. the appeals court gave no reason for monday's decision, but attorneys for proposition 8 argued allowing those marriages to move forward while the case is still on appeal would only create a messy legal situation down the road. emily? >> whit johnson in washington. thanks, whit. a south carolina mother is in police custody this morning after the bodies of her two young sons were found in a car submerged in a river. police are trying to determine

if it was a tragic accident or not. it happened monday near orangeburg, about 70 miles northwest of charleston. terrell brown has the story. >> reporter: rescue crews in orangeburg, south carolina, found two young boys still strapped in their car seats as they pulled their mother's car from the edisto river monday morning. the toddlers are identified as 18 month old ja'van duley and 2-year-old brother devean. the boy's mother, shaquan duley, is being held on a charge of leaving the scene of an accident. her car was found underwater near a rural boat landing. >> she left the location, she walked away from the vehicle, maybe three-quarters of a mile away. >> reporter: that's when police say she flagged down a highway trooper for help because she didn't have a cell phone. investigators want to know what caused the car to veer into the river in the first place and whether this was an accident. police say the mother showed some emotion, but was not overly distraught. they also believe there are holes in her story.

monday's incident is eerily reminiscent to another south carolina case. back in 1994, susan smith made headlines after she claimed she was car jacked by a man who drove away with her sons. >> and this black guy came up and just opened the door and jumped in the car. >> reporter: smith made countless pleas on tv for the kidnapper to return her sons. she eventually confessed to rolling her car into a nearby lake, her young children still inside. whether or not this new case is a repeat of the smith saga is yet to be determined. the coroner says she will not speculate on a cause of death until autopsies are completed tuesday when the sheriff says more charges could be coming. terrell brown, cbs news, new york. shrimping season is under way in the gulf of mexico and so far shrimpers report good catches and clean looking shrimp. but a new report on the bp oil spill is worrisome. on the surface, gulf waters seem clear and federal officials say only about a quarter of the spilled oil remains. but a study by scientists at the university of georgia says that's wrong, up to 80% of the

oil still lurks under water. in a sharp break with president obama, harry reid has come out against building that much debated mosque near the world trade center site. reid is in a tough election year fight in nevada and like his republican opponent, he states his opposition to the mosque while giving a nod to religious freedom. >> constitution gives us freedom of religion. i think that it's very obvious that the mosque should be built someplace else. >> the hundred million dollar mosque and islamic center would be built two blocks from ground zero. in iraq this morning, one of the deadliest attacks in weeks. a suicide bomber possibly two targeted an army recruitment center in baghdad. iraqi police say at least 41 soldiers and recruits were killed and 119 wounded. the attack comes as u.s. forces prepare to end combat operations in iraq later this month.

israel's military and palestinian government officials are angry over two pictures posted on a facebook website. they show a smiling female israeli soldier bound and blindfolded palestinian prisoners. a spokesman says it shows israeli troops are proud of humiliating palestinians and called the photos disgraceful. just one person was killed when a jetliner crashed on an island off colombia and the island's governor is calling it a miracle. the boeing 737 crashed and broke in to three pieces as it landed in a thunderstorm monday. of the 131 people on board, one, a 68-year-old woman, died. while there were many injuries, just five were seriously hurt including one of four americans on the plane. on the cbs "moneywatch," a mixed morning for stocks in asia. ashley morrison is here with that and more. >> reporter: good morning. well, asian markets were lackluster. the nikkei lost just a fraction

closing at an eighth month low while the hang seng was mostly lower. today wall street will get the very latest on inflation and housing starts. on monday, stocks broke their four day losing streak, but just barely. the dow lost a point while the nasdaq gained eight. general motors is getting closer to becoming a publicly traded company again. the automaker is expected to file paperwork as early as today for initial public offering of stock. gn received $50 billion in taxpayer aid last year in exchange for 61% of the company. the stock sale would repay at least some of that investment. last week the company reported a $1.3 billion quarterly profit. small businesses may soon find it easier to get a loan. a federal reserve survey says banks have loosened credit standards for small businesses for the first time in nearly four years. the fed defines small businesses as any firm with yearly sales of less than $50 million. well, more americans are behind on their mortgage payments.

trans union says from april through june, 6.67% of customers fell behind 60 days or more. that's up from around 5.8% last year and well above the normal 1.5% to 2%. plastic is off the menu at a growing number of restaurants. more and more restaurants and bars will only accept cash as they try to avoid paying credit card fees in a struggling economy. it's estimated that at least 5% of overall restaurant sales go to the credit card companies. and if you think money just means more problems, well, you might be right. a new study found the more dependent a man is on his partner's income, the more likely he is to cheat on her. and a man who makes no income at all is five times more likely to cheat than if they earned equal money. for women, the opposite is true. the more a woman depends on her partner, the less likely she is to stray. i don't know about you, but that doesn't make sense to me. if i'm with someone who makes no

money, then they're going to cheat on me, too? doesn't sound like a fair deal.u >> yeah, i'm shaking my head. oh, boy. thanks, ashley, here in new york. just ahead on the "morning news," a health scare for a big hollywood star. plus happy trails. an arizona boy found alive after a desperate search. you're watching the "cbs morning news." >> announcer: "moneywatch" sponsored by vagisil screening kit. the answer you can count on. sponsored by vagisil screening kit. the answer you can count on. hey, parker, want to race home? bet i could beat you there.

[ male announcer ] with its 43 safety features, like the parkview rear back-up camera... hi, sweetie. there you are. [ male announcer ] ...electronic vehicle information center, and rear cross path detection system, now available in the safety tech package, the chrysler town & country is a safe bet to make. ♪ ♪ [ female announcer ] we've got stains, down to a science. new wisk, with our breakthrough stain spectrum technology targets all the major stain groups like proteins, carbohydrates and oils. its enzymes and cleaning agents tackle a full range of stains. you'll never look at stains the same way again. for a more powerful clean, try new wisk. fight stains with science.

indiana's wabash river has been invaded by asian carp which leap high out of the water and even land in boats. it can be dangerous for boaters and are bad for the environment as they quickly reproduce. even if these guys didn't seem to mind. a man and woman in alaska are accused of domestic terrorism for having a hit list.

paul and nadia rockwood pleaded guilty to making false statements to the fbi. authorities say paul rockwood believed in a violent jihad promoting ideology. officials did not reveal the names on the list. the couple will be sentenced next week. no charges will be filed against the driver in the off-road racing crash saturday that killed eight people. as the video shows, spectators were too close to the racing vehicles. the federal bureau of land management is conducting a safety review of the accident which took place on land owned by the federal government. a cancer scare for actor michael douglas. douglas has a tumor in his throat and will undergo radiation and chemotherapy. the oscar winning actor's treatment is scheduled to last eight weeks. his doctors say they expect the 65-year-old douglas to make a full recovery. douglas said in a statement that he's, quote, very optimistic. a 4-year-old arizona boy is safe and has been reunited with his family. the boy was found monday by rescuers on horseback in a steep

canyon a few miles away from his home in central arizona. he had been missing for about 18 hours after disappearing sunday night while playing with his older brother in a tree house hind their house. his family was very happy to have him back. >> when the rescuers found him and they called him travis, his response was, how did you know my name. >> my legs went to jello. i had to sit back down, i was like, thank god. it was the best moment. >> travis was checked out at a nearby hospital and was in good spirits and appeared uninjured. straight ahead, your tuesday morning weather. and in sports, first blood at the new giants and jets stadium. hey, you made your own lunch. yep! (mom) i'm so proud of you. the bus is here, gotta go mom.

okay hunny, have a great day. look in your bag, made you something. (announcer) it's more than just that great peanut taste, choosing jif is a simple way to show someone how much you care. choosey moms, choose jif. why go one more round ? you don't need a rematch, but a rethink. with lunesta. lunesta is thought to interact with gaba receptors associated with sleep. lunesta helps you get the restful sleep you need. lunesta has some risk of dependency. when taking lunesta, don't drive or operate machinery until you feel fully awake. walking, eating, driving or engaging in other activities while asleep without remembering it the next day have been reported. abnormal behaviors may include aggressiveness, agitation, hallucinations, or confusion. in depressed patients, worsening of depression, including risk of suicide, may occur. alcohol may increase these risks. allergic reactions such as tongue or throat swelling occur rarely and may be fatal.

side effects may include unpleasant taste, headache, dizziness, and morning drowsiness. stop fighting with your sleep. ask your doctor if lunesta is right for you. get lunesta for a co-pay as low as zero dollars at lunesta.com discover a restful lunesta night. here's a look at the weather in some cities around the country. new york, sunny and 89. miami, thunderstorms, 89. chicago, partly cloudy and 80. denver, sunny and 88. los angeles, partly cloudy, 72. time now for a check of the national forecast. the latest satellite picture shows that clouds are scattered across much of the southwest. the northeast is mainly clear. nice morning around the west. and central and southern plains are looking at cloudy skies. later today, heavy rains and scattered thunderstorms continue for the southwest. midwest and northern plains enjoy another comfortable afternoon.

the northeast will have a much drier and warmer day. temperatures will rise into the 80s and 90s. the heat continues for the west and scattered thunderstorms are likely across the southern plains. in sports, the new york giants won their first preseason game in the new giants and jets stadium. brandon jacobs of the giants started the scoring as they beat the jets 31-16. in the second quarter, giants quarterback eli manning got hit hard and it took 12 stitches to close a gash on his head. in baseball, it's all even at the top of the american league east. with the score tied in the eighth inning, carlos pena singled in a run. the win moves the rays in to a first place tie with the yankees. and in the ninth in houston, a triple off the wall against the astros. that scored a run and new york beat houston 3-1.

and mets relief pitcher francisco rodriguez is out for the rest of the season. the all-star closer tore a ligament in his thumb when he allegedly hit his girlfriend's father last week and was arrested. he needs surgery to repair the damaged thumb. when we return, another look at this morning's top stories. and stimulus money to fund state projects getting caught up in red tape. moh-ohm. -do you have your lunch? -yes. and you know where your classroom is? uh huh. mom, i can walk from here. what about your... mom, i got it. ♪ [ female announcer ] they're never too big for a little something sweet. kellogg's rice krispies treats. for a little something sweet. [ vet ] your turn, max. [ cat ] inside and out. i'm not the only one who thinks so...

right, doc? [ female announcer ] vets agree a healthy check up starts inside. iams has prebiotics. prebiotics work inside the digestive tract to promote strong defenses and healthy digestion. [ cat ] what a surprise... straight "a's" again! [ female announcer ] try iams with prebiotics. [ cat ] oh, i'm not in your way, am i, doc? i [yawns] am an iams cat. and i'm julie watts in for sydnie kohara. an appeals court froze a federal judge's decision to allow same-sex marriages while the case is on appeal. coming up at five: what it means for both sides of proposition eight... and the next step in the appeals process. a castro valley man's dog... stolen... his house burglarized. what he discovered while discovered while trying to warn his neighbors... and what he's doing to try and get his dog back. need a job?... looking to change

careers? the one day job event mcdonald's is holding today. which may provide the opportunity to earn while you learn. and how you can predict whether your husband is a cheater. join us for cbs 5 eyewitness news early edition ... beginning at five. on the "cbs morning news," here's a look at today's weather. the southwest will see soaking storms. the northeast enjoys a drier day. and much of the west continues to sizzle. it will be in the 80s and 90s. parts of the plains will see cloudy skies. here's another look at this morning's top stories. wedding plans for same-sex couples in california are on hold again this morning. a federal appeals court said

they'll have to wait while it decides whether the state's voter approved ban on same-sex marriage is constitutional. and south carolina police are holding a 29-year-old woman whose two young sons were found dead in her car when it was pulled from a river. >> the pentagon confirms that robert gates plans to retire next year. gates served under two presidents. in an interview published monday, he said his leaving in 2011 makes sense, it would give him time to oversee the major offensive in afghanistan but bow out before the next presidential election. meanwhile, retired general stanley mcchrystal plans to teach at yale university. in july, mcchrystal was fired from his post as commander of the war in afghanistan after making disparaging remarks about president obama in a "rolling stone" magazine interview. now to the stimulus bill. it was signed by president obama exactly 18 months ago. today the bill is designed to jump-start the economy and create jobs, but today millions remain unspent. nancy cordes takes a closer look.

>> reporter: by the end of next month, the federal government will have awarded nearly all of its stimulus fund, $862 billion worth, to local governments around the country. but it's in those states and cities that the money is running into road blocks. >> sure, i'm frustrated with that. >> reporter: that's democratic congressman james clyburn, a supporter of the stimulus. complaining about the slow pace of stimulus spending in his home state of south carolina. >> there is a big difference in what we do here in washington and how it gets where the rubber meets the road out in these communities. >> reporter: take the cash strapped district of columbia, which has spent less than half of the roughly $1 billion stimulus dollars it received. the city got $14 million to repair rundown pennsylvania avenue, but only $4 million has gone out the door. >> when you invest in long term projects, you have proper planning.

it is simply not spent for the sake of spending. >> reporter: some cities are still trying to figure out what to do with the money. others are struggling to navigate the bidding and permit process. that's why 18 months after the president signed the stimulus bill into law, the u.s. department of energy has pledged $30.2 billion worth of stimulus grants and contracts, but only paid out $6.2 billion. >> the stimulus bill has been an utter failure even by the administration's own standards. >> reporter: the white house argues that stimulus funds for infrastructure projects were always expected to go out slower than the billions in unemployment benefits and tax cuts. >> it's just as if you were to hire a contractor to work on your home. you don't give them that final check until they're done. and i don't think the american taxpayer would want it any other way. >> reporter: but polls show american taxpayers aren't sure the stimulus is working and democratic arguments that the

economy would be worse without it are a hard sell when unemployment hovers at 9.5%. nancy cordes, cbs news, washington. i'm emily smith and this is the "cbs morning news." my job is to hunt it down. i'm fred lemond, and i'm in charge of bp's efforts to remove oil from these waters. bp has taken full responsibility for the cleanup and that includes keeping you informed. you may have heard that oil is no longer flowing into the gulf, but our spotter planes and helicopters will keep searching for any oil. we use satellite images, infrared and thermal photography to map and target the oil. we're finding less oil every day, but we've still got thousands of vessels ready to clean it up. local shrimp and fishing boats, organized into task forces and strike teams. plus, specialized skimmers from around the world. we've skimmed over 35 million gallons of oil/water mixture and removed millions more with other methods. i grew up on the gulf coast and i love these waters. as long as there's oil out there that could make it ashore, i'm gonna do everything i can to stop it.

bp's commitment is that we will see this through. and we'll be here as long as it takes to clean up the gulf.

in north carolina, a dog is reunited with her owners this morning after being missing for nearly four years. teddy bear had jumped out of the family car during a kayaking trip in 2006 and vanished near an alligator infested wildlife refuge. last week spca officials finally tracked the dog after several sightings. >> they found teddy, they found teddy. he said how do you know. and i said i don't know, they just said they found teddy. >> teddy was a little skinny, but otherwise in good shape. she apparently survived by eating food and water left out by locals and avoiding the alligators. smart dog. when it comes to our food, americans are turning it up a notch with a growing list of exotic spices.

for some, it seems the spicier the better. richard schlesinger reports. >> pretty good, huh? >> reporter: stuff a lot of us have never even heard of a few years ago is now going into recipes we cook. spices with strange names from far away places. >> i experiment. >> would you ever try black onion seed? >> reporter: judith was looking for some aleppo pepper. >> it's a little bit less hot and more of a tang. >> reporter: the air is thick exotic aromas at the mccormick spice company outside baltimore. the factory runs 24 hours a day and for good reason. mccormick estimates in the '50s the average american spice drawer had ten spices. today the number's grown to 40. >> people consume almost a billion pounds of spices a year. >> a billion? >> a billion pounds of spices a year.

>> reporter: 25 years ago, it was half that. spice experts say it's the melting pot that's producing spicier meals. as the country becomes more diverse, people crave different tastes. >> the sauces and spices, the things that really burn your mouth. >> reporter: ginger has grown more than 50% while paprika use doubled in the same five year period. meals that used to be seasoned with salt and pepper now include everything from all spice to za'atar. it's a lot to keep track of. >> a little bit more -- >> reporter: in scientifically controlled conditions including special lighting that disguises the color of the samples, professional tasters at the mccormick testing center makes sure everything tastes just right. keeping track of changing tastes is a full-time job, so the spice people keep an eye on ordinary people at the testing center

through a one-way mirror. on this day they were testing chili, but nobody's expecting any surprises. >> people are craving spicier, bolder foods and i don't see the tables turning. >> reporter: americans are taking the old saying to heart, and if variety is the spice of life, a larger variety of spices apparently makes life livelier. richard schlesinger, cbs news, hunt valley, maryland. and that's the "cbs morning news" for this tuesday. i'm emily smith. news" for this tuesday. i'm emily smith. have a great day. -- captions by vitac -- www.vitac.com

your realtime captioner is linda marie macdonald. caption colorado, l.l.c. comments@captioncolorado.com good morning. it's tuesday, the 17th of august. i'm john kessler. >> i'm julie watts. sydnie kohara is on vacation.