different angles on this story, we began with david stevenson with more details on the ruling and what happens next. david? >> reporter: frank this case is headed to the ninth circuit court of appeals and is widely expected to go before the u.s. supreme court in a couple of years but for now same-sex marriage supporters are celebrating a victory. just after 1:45 this afternoon a cheer erupted from 5th crowd outside the federal court house as same-sex marriage supporters learned that vaughn walker had ruled ... reinstate gay marriage in california. >> this is fabulous. and it's as it should be. it's so clear that we have the same constitutional rights to live as a family and to live together and love in harmony. >> reporter: proposition 8 people braced for a defeat, the judge ruled a stay on enforcement of his hearing. >> this case really is an

assault on the people of california and their fundamental right to define marriage and protect marriage through the democratic process. >> reporter: but legal analysts say problem 8 backers had failed to prove it is exclusively the province of heterosexual couples. the turning pointed may have been the testimony of same-sex couples. >> the judge had people wanted to have a partnership on the same level as heterosexual people have. to not have it is something that makes me feel a second class citizen." >> i need time to order a cake. >> the two same-sex couples who are the plaintiffs in the case celebrated the ruling while preparing for what is expected to be at least another two more years of court rulings. >> we have today's victory and we will continue our fight to washington and to the supreme court. >> reporter: now coupling up at

6:00 we'll have morey action to the court ruling as well as one legal analyst's forecast on how the supreme court could rule. david stevenson reporting live in san francisco. channel 2 news. anticipation had been going all morning as same-sex couples hoping to get married waited for the ruling. once it was announced lines started forming at san francisco city hall. ktvu's paul chambers continues our coverage with that part of the story. paul? >> reporter: as news spread about the judgment decision many people came right here to san francisco city hall in hopes of getting that marriage license. >> recognizing it's a step in the road probably but nothing would make us happier than the equality we have achieved through the courts to continue. >> supporters of same-sex marriage flooded san francisco city hall today elated and happy that the judge's ruling put them one step closer to being legally married in california. >> we okay up really early this morning and i said "you better get ready, today is the day,

this could be the day,." >> reporter: today was the day for this couple already planning to get married in four days. in the past when tried to get a marriage license they were told no, they were told no again today but they didn't mind this time. >> it's not a total disappointment we can't get a marriage license right now but the fact the judge recognizes equal rights, that's more than enough for us. >> reporter: the couple still went ahead with the ceremony and although it is not the real thing and it will not be recognized by law they are happy the step puts them one step closer to being thought of as a couple. >> by the power invested in me by the holy fear of god i now pronounce you united. you may kiss your spouse. [ cheering and applause ] >> reporter: the reason the marriage isn't legal is because the judge also issued a temporary stay saying counties in our state are not permitted to issue same-sex marriage licenses for now. however a hearing will be held in the near future to see how

long that stay will be issued. coming up at 6:00 you'll hear from a child on a same-sex couple about what she thinks about today's historic event. paul chambers, ktvu channel news. >> with this ruling one side is celebrating, the other side is bit early disappointed. we have reaction from supporters and opponents of proposition 8 and we continue our team coverage right now with rob roth who is live in the caster district of san francisco where obviously there is a lot of celebrating. rod? >> reporter: a dozens of people are here in castro street, and is crowd is growing. no one new until yesterday there would be a decision so this rally is fairly international prompt you the. they are celebrating the decision by the judge to overturn the ban on same-sex marriage. the plan is for the folks to rally and begin marching down market street to city hall. a rally is scheduled to begin there before 7:00. now intalking to some people here many say it hasn't really

sunk in yet. others say they expect the judge to issue e decision that he did. [ cheering and applause ] >> this afternoon dozens of people were having lunch at harveys, a popular restaurant in the heart of the castro, when the ruling came down on the same-sex marriage. >> i'm happy for myself and my partner and i and every other couple that wants to get married and just the community in general. >> i was on the street on election day for 13 hours working against prop 8 and this is great, it's awesome. so ... >> you gonna get married? >> are you proposing? >> yoo, i'm happy. i think we have to stop crushing people. mayor gavin newsom who set it in motion six years ago when he issued marriage license s to same-sex couples was elated by the decision. >> i think the most significant part of this decision were the words set forth by judge walker that basically became the

foundation to which this will, i believe, and hope, will be successfully appealed and ultimately successfully adjudicated at the supreme court. . >> reporter: we're back live where the rally is just now getting going. there are speeches and the crowd is set to begin marching to city hall. we're told there is going to be a party back here later tonight so there are a lot of happy people here in the castro this evening. reporting live in san francisco, rob roth, roth, ktvu news. >> from joy there in the castro to frustration elsewhere. ken pritchett talked with those upset that the measure was shot down. ken? >> there were roughly 100 people here at the federal court house this afternoon who cheered the judge's decision and half a dozen prop 8 supporters who walked away disappointed. on the outer edges of the owd of marriage equality supporters were those with signs who

support proposition 8. or oppose gay marriage many expected it to go against them. >> our thought is that the homosexual judge will overturn prop 8. >> he drove down from sacramento as he has done before on critical days in this trial. >> we are here to uphold our voting rights that we decided that issue in 2008 and i've had to come down here a couple times now to defend my vote and have that consultanted. >> but it was the cheers of the majority that made it clear prop 8 was overturned. bill may is chairman of catholics for the good. >> we're disappointed as well as the 7 million california voters who just had their decision overturned by a federal judge. >> reporter: while powerful religious interests supported proposition will bill may says religion is not the issue.

>> it's a fact that the relationship between a man and a woman has potential for creating new life. that's a fact whether you believe in god or not. >> reporter: but among the supporters it was their faith they cited in reacting to the ruling. >> if jesus says whoa to them that call you good, then whoa means woe whoa. that means nothing good is coming from god. >> reporter: we have to rely on the supreme court to essentially save the nation. >> prop 8 is not over, the fight for it is not over. >> most of the prop 8 supporters we talked to said they expected this result but they seem less certain of the outcome should this matter ultimately go before the u.s. supreme court. in san francisco, ken pritchett, ktvu channel 2 news. governor schwarzenegger issued a statement on the prop 8 ruling and it reads in part "for the hundreds and thousands of people in california in the gay and lesbian households this decision affirms the full legal

protections and safeguards i believe everyone deserves," the governor also said it provides an opportunity for all californians to consider our history of leading the way to the future and our growing reputation of treating all people and their relationships with equal respect and dignity." today's ruling is being closely watched all across the nation. in west hollywood another city with a large gay population there is also glee. >> the more we can do for equality on a legal level and a federal level is great. so as this goes forward i hope it gets better. >> it's huge, i'm super excited. we just need to keep moving forward the with it. it shouldn't be an issue and the fact we have to have these conversations are sad but this is great news. >> there is a celebration rally planned for tonight there in west hollywood. now here is a timeline of the events in the legal battle over proposition 8. back in november '06 2008 california voters approved plop 8 prohibiting the state from

recognizing same-sex marriages. in may of 2009 two gay couples filed suit to try to overturn proposition 8. a few days later the california supreme court upheld the proposition but ruled that marriages performed before it passed -- before it passed were still valid. in january this year the trial over proposition 8 began. in june lawyers delivered closing arguments and today judge vaughn walker issued his ruling that over turns proposition 8. for continuing coverage of the proposition 8 decision and to read the full text of the court ruling you can go to our web site, ktvu.com. there are new questions tonight about the killing of an inmate in san quentin prison. plus a new milestone is reached in the gulf tonight but the white house warns the crisis is far from over. and it cooled off a bit today. there was more fog this morning. we've got more fog headed your way as we move into the next 24 hours. tomorrow's forecast coming up.

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. it does raise serious questions about short and long- term impacts on the environment and unintended consequences. >> california senator barbara boxer is talking about chemical dispersants, she raised concerns about the toxicity of the chemicals at a capital hearing. one epa person told them they are not lingering in the gulf water and are not a danger tore the marine ecology. even as lawmakers debated that issue bp and the federal government marked a milestone today in the gulf oil spill response. a new federal report shows that most of that massive oil leak has disappeared and that the static kill strategy appears to be doing its job. >> president obama: the long battle to stop the leak and contain the oil is finally close to coming to an end. and we are very pleased with

that. [ applause ] >> reporter: it's now been more than 24 hours since they began the static kill strategy. tonight it continues to work. >> and basically have reached a static condition in the well that allows us to have high confidence that there will be no oil leaking into the environment. >> reporter: the government also released a new report showing about 3/4 of the oil that gushed into the gulf is now gone. >> what the scientists are telling us is that the vast majority of the oil has been cleaned, captured, skimmed, burned. >> reporter: but those same scientists warn than any oil that has not bio degraded could pose a threat to fish eggs and other marine life. >> oil that is in microscopic drop let's that is still there may be toxic to any of the small creatures under the water. >> reporter: the white house cautioned the federal response is still far from over.

press sect robert gibbs made a reference to the infamous statement president bush made. >> there is a lot of reasons there is no "mission accomplished" banner can be us there a lot of work to do. >> reporter: and president obama made a pledge to the people of the gulf coast. >> president obama: we'll continue to work to hold polluters accountable for the destruction they have caused, weev got to make sure persons who were harmed were reimbursed and we'll stand by the people of the region however long it takes until they are back on their feet. >> reporter: and the government point man in the gulf had its own word of caution today. he said the job of capping the bella not be complete until the two relief wells are drilled and includes, once again, pumping mudd and settlement cement into the leak. but this time from the bottom. amtrack is back on track after a derailment cut off service. two empty railcars tipped over around 4:00 yesterday afternoon

blocking the tracks in west oakland. many amtrack passengers had to be bussed between emeryville and jack london square. amtrack confirms that both amtrack trains and freight trains were back up and running around midnight. the cause of the derailment is still under investigation. ac transit says a large number of drivers called in sick once again today. accord to go the district 165 drivers stayed home. the district says that's been the case every day now for the past two weeks ever since the district imposed a new contract on its drivers. a judge tossed out that contract on monday but the two sides remain at odds about the contract and the sick claws. district officials say now they are looking at service cuts as a way to deal with the budget shortfall. >> the board has taken a step to better protect the san joaquin dell that. for the first time they have adopted criteria for how much water should flow from the

delta to the bay. the criteria based on a report ordered by the legislature last year the board says that diverting 50% of the delta's freshwater is not adequate to maintain nature's balance in the delta. while water agencies dispute the report environmental people say it will ensure the support of the eco system. we started with those pictures in the castro, the fog has arrived, a big fog bank off the coast huh bill. >> yoo, do you notice anything different. >> not that much. >> very subtle. it's cooler out there but subtle changes. i mentioned it yesterday. temperatures came down a little bit, a little more fog this morning but the changes are just minimal at best. unless you're at the coast of course they are seeing some sun at times, a lot of fog. we go outside, i show you the fog i've spoken of there. we're getting some breaks, i mentioned this before but a lot have times they'll get clearing because the winds, northwest winds which below generally in this direction, kind of push the fog kind of south so you

get a break. that's why the beach and mo lean as has a nicer climate. santa cruz faces the same way. we'll go outside and show you what we have. fog and low clouds again tonight. we expected that. we did get a lot of fog. tomorrow will be just like this. the continued forecast is for mild to cool weather right through the bay area weekends. so here is the forecast and then tomorrow morning or actually late tonight, that's the fog footprint into this evening, you can see pretty extensive, farther inland tonight than last night and then tomorrow morning when you wake up you can see it actually takes a push up into the woodland area and tries to get up into the delta there, they'll feel those sea breess or the delta breezes into the sacramento area or stockton. there is your footprint in the morning hours. it is going to be a foggy start to your day. that's your thursday. as we go through the day the fog burns off but very slowly and therefore temperatures, yoo, stop, you've heard this before, temperatures going to

be cooler, there's that pattern that we have seen, the much cooler air. so temperatures where there should be 90s there's going to be 70s and 80s tomorrow. the fire danger low, the air quality good, and we do have some changes coming as we do get into the long range forecast. i'll get into that and have a forecast for the area where you live. see you back here. >> thank you bill. the state's offers of inspector general is thinking of joining the investigation in an attack in san quentin. he was stabbed repeatedly by another inmate. there are questions about why shaffer wasn't in protective custody. criminals whose victims include children are generally believed to be at greater ray of attack by other inmates. investigators in the south bay are still looking for whomever decapitated three goats and then dumped their carcasses in san jose. the goats were found in plainview saturday near the entrance to allen rock park.

san jose animal control is investigating this case and says the person responsible could potentially face felony animal cruelty charges. while there is concern that the behead its were some kind of ritual. will he or won't he run for a second term as mayor of oakland. what ron dellums said today about his upcoming plans. . >> announcer: knew at 6, a milestone day in one bay area city. a first of its kind retirement plan could make streets receiver. back to the bargaining table for dozens of laid off south bay firefighters. what happened just hours ago that may help them get their jobs back. plus, continuing coverage on the landmark prop 8 ruling from marriages happening now to protests across the bay area. we're monitoring late details in this developing story tonight on ktvu channel 2 news at 6:00.

. veteran news anchor tom

brokaw will moderate a debate between top two candidates for governor on august 12th. it will be held at dominican university in san rafael. meg whitman and jerry brown are scheduled to faceoff in three debate before the upcoming november election. this afternoon oakland mayor ron dellums announced he will not seek re-election for second term. he took office in january of 2007. in a statement today dellums said it has been a deep honor and privilege to serve as mayor of oakland. he also said he leaves with a sense of pride and has engaged "a broad range of people in the political process." an oakland native, dellums also served as a california congressman for more than 25 years. his term as mayor expires in january. the u.s. senate is scheduled to vote tomorrow on the nomination of elena calgary an for the supreme court and it appears she is assured of confirmation.

it shows that more than 51 senators say they'll vote to confirm kagan to the high court. so far she has the support of all but one democrat, ben nelson of nebraska, as well as 5 republicans and one independent. here in california, senate candidate carly fiorina says today she oh poses the confirmation. while she has "admirable qualities" she lacks judicial experience. fiorina's opponent senator barbara boxer supports kagan's nomination. federal authorities have charged a san francisco investment consultant with fraud and i den theft. 59-year-old joseph ayola is already being held in arizona on fraud charges, he bilked at least 60 investigators out of $7 million between 2004 and 2010 by running a ponzi scheme in which he issued false account statement. he previously served 5 years in

an arizona state prison for a similar scheme. bill gates and several others have been joined to pledge half their wealth to charity. gates the co-founder of microsoft and buffet, an investor, has secured billions from some of the richest americans including george lucas and larry elson. the others the man you see there, michael bloomberg, ted turner and designer diane von furs tenberg. our coverage of the same- sex marriage ruling continues including ... >> reporter: there is a party being planned here in san jose to celebrate the court ruling on proposition 8 but there will also be some mixed feelings in the event, we'll explain why coming up. it could soon cost you a lot more to drink in san francisco. a proposed new fee still ahead.

. >> we up covered photos of johannes mehserle you haven't seen. the photos and bay area coverage

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. >> announcer: complete bay area news coverage continues. this is ktvu channel 2 news at 5:00. >> you have won but you don't have anything to show for it. >> it is not just people in san francisco that are celebrating tonight. in the south bay, same-sex marriage supporters are overjoyed as well. but there aree also mixed feelings and with more on that we go to ktvu's robert honda, he is live in san jose to explain. >> heather, we are here on the fringe of san francisco bay. at the community center where people are getting ready to celebrate the court ruling. the event will be held inside the ballroom here and they are setting up for a party but leaders say they plan to meet no matter what. they just didn't know if it would be a party or a protest. >> originally nobody new for sure if it was going to come

down our way or not so we're planning on celebrating because it came down the way we wanted it to. otherwise it was going to be a rally, everyone was going to get fired up and march down to city hall. >> reporter: they are braced for a rush of people seeking marriage licenses, after the court decision the stay put things on hold. the president of the board of supervisors, ken jager a gay rights advocate who performed the first ceremonies, said he is overjoyed by the ruling, slightly dam penned by the stay. >> that's on the books, you can't take that away, but if this means that there is no marriages until the u.s. supreme court takes action then it's sort of like well you've won but you don't have anything to show for it. >> reporter: gay community leader wig see severson says she doesn't expect to see as many marriage ceremonies in the south bay because there won't be as many marriages to make a statement. >> there are people in the gay

community who think gay marriage is silly, it's not, what do we care you know. it's a whole group of people like that. >> reporter: do you think they'll change their mind though after hearing the court decision. >> i think when they fall in love they'll get married. >> reporter: well we're bound to hear a lot of opinions about marriage at the party getting ready to start here soon but just about everybody says they will be celebrating what they call a victory for their civil rights. live in san jose, robert handa, ktvu channel 2 news. >> jerry brown issued a statement on the proposition 8 ruling today. he said in striking down proposition 8 judge walker came to the same decision i did when i declined to defend it. it violates the equal protection guarantee of the 14th amendment to the institution by taking away the right of same-sex couples to marriage without a sufficient interest. diane fainstein said the ruling confirmed what many of us felt

all along that it is unconstitutional to take way the rights of gays and less be answer to enter into the institution of marriages. to get the full text go to our web site ktvu.com. a fee on alcoholic distribution would be a national first to help pay for the costs of alcohol-related services. ktvu's health and science editor john foul service live in san francisco tonight with more on this. john? > >> this proposed fee would be on alcohol distributors and it doesn't sit well with bar and restaurant owners who acknowledge that some people do abuse alcohol. >> it's a difficult problem but i don't think it's fair to come and tax the people who drink responsibly. >> reporter: assuming the fee is passed on to consumers it could add 50 krentz or perhaps $1 or more per bar drink. they lowered the fees because they say san franciscoans actually drink more than other

californians. >> this is really about getting some cost recovery for the over -- the impacts of the over caption of alcohol. [ chanting ] >> about 40 demonstrated. the $17 million it would raise could help pay for alcohol related services including paramedics. >> you get a call all the time for a man unconscious on the street. >> reporter: but some say chronicky neb reenterprises are a tiny percentage of alcoholics. it all comes down to money, money the state doesn't have, money the city doesn't have. >> reporter: supporters of the fee insist it will not force drinkers out of the city. >> who would drive from san francisco to sonoma county to

save 50 krentz on a beer? that's not gonna happen. >> greatest city in the world but it is so unfriendly to small businesses with its tax structures and its various onerous things. >> reporter: the fee amount would be based on the alcohol content of drink products. supervisors committee today continued this message or this proposed ordinance until next monday. it's possible to go before the entire board for a vote september 7th. reporting live in san francisco, health and science editor, john fowler, ktvu channel 2 news. firefighters in san jose met with city officials today hoping to find a way to overturn 49 layoffs. the city said in order for it to agree firefighters would have to take a pay cut of almost 9%. that would save the city $10.6 million. the city also wants rank and file members to approve any agreement. the union called today's meeting a step in the right direction but no decisions were made. . pay area chip america intel

reaches a truce with federal regulators. >> man, you've tried just about everything and you still can't quit smoking. why the problem may just be in your head. . >> announcer: the 10:00 news on ktvu channel 2, complete bay area news coverage. >> ...berber carpet. it was a whole bowl of stew. nooo. why? i could have saved this one. i could have saved this one. ♪ call 1-800-steemer

. san help say police tonight are still trying to sort out a case of a report of a man possibly making explosives led to the evacuation of his

neighbors. we can show you tonight what made one neighbor so nervous he called police. craig devro has this report. >> this short video tape was taken by an upstairs neighbor. it shows a man in the same house putting together several cylinder rick will objects. he wants to be known only as robert. he walked in on what he thought was the bomb in the making. >> fuses coming out of the end of it, black and red wires, he was seeing the end of it off with silicon, you know. kind of looked like four pieces of dynamite all taped up together. >> reporter: robert says police later admitted to him that when the call came in police thought the accusation might be exaggerated until they saw the video tape. >> that's when the bomb squad came. >> that was their reaction. >> that was pretty much their reaction. >> the man who lives in the house across the street says the members of the s.w.a.t. team pulls off his screens. >> they brought in their sniper rifles and they were watching

out the front window there. >> reporter: the suspect eventually surrendered. the neighbors say it would have happened sooner but the police couldn't find a vietnamese translator. they later determined the device was not actually an explosive device but by that time they had evacuated dozens of people in the neighborhood. some people went to a local church, others slept this their cars, including the suspect's brother lee do. >> he didn't mean anything. sometimes i think he got stressed too much. >> reporter: police said it wasn't a bomb but never said what it was that caused the evacuation the bomb and s.w.a.t. teams to deploy. they did take benjamin do into custody but they say the 54- year-old won't be charged with making a false bomb. instead they say he made a threat to a third party. in san jose, craig devro, ktvu channel 2 news. intel calls a truce in one of its last major anti-tee trust battles. they have agreed to change some of their practices to settle a

federal lawsuit alleging a decade of abuse. they charged them with using its size to force computer makers into exclusive deals and not use chips of its rivals. one rival. sonning dale advanced microdevices says that led to higher prices for chip makers and users. with all the technology out there it seems americans still prefer to watch good old tv. americans watch twice as much television as people in china. but the chinese are more likely to watch videos on their mobile devices. cell phone video viewing is much more common in asian countries than it is here in the u.s. or in europe. it could be because fewer people in asian countries have access to cable channels. the increasing electronic books have barnes & noble considering alternatives including the sale of the company. the producers believes the company stock is significantly under valued after falling 45% in the last year.

barnes & noble's founder is still the largest shareholder and says he may join with an investor group to buy the company from other shareholders. [ bell ] >> a private moll job survey's optimistic numbers helped push stocks higher today as investors wait for the official job figures from the labor department. the dow is up 44 points, the nasdaq up a little more than 20 points. all right. this sounds like a no-brainer but a new study suggests that controlling thoughts can go a long way in helping smokers control their cravings. the authorities athe brain is wired for short-term rewards and the key is to rewire it to think long-term. the study murder the brain activity of two different groups, smokers who were asked to think about the immediately wards of smoking and those who thought about the long-term consequences, well that second group was better able to resist the cigarette. similar results were found in a study involving food cravings. all right.

and your hands can say a lot about your health. medical experts say your fingernails could offer clues about zernhelt issues such as liver disease, kidney disease, liver and heart disease. it can change your nail's color, texture and growth. they say if you have a nail problem that doesn't seem to be going away or is associated with other signs and symptoms make an appointment to get it checked out. an emergency call for help from a bay area animal shelter. what they want plus. >> and i don't think we need to change thconstitution to solve our immigration problem. >> it is guaranteed by the 14th amendment that people born in the united states are citizens. but now a battle is brewing in congress to take that right away. . and what will the weather be like for tomorrow? our meteorologist bill martin extracting the temperatures from that fog. the forecast whe come back.

. how a first of its kind retirement plan for some city workers could make streets safer, back to the bargaining table for laid off firefighters in south bay. what happened that may help them get their jobs back. continuing coverage on today's landmark prop 8 ruling. we're monitoring late details in this developing story tonight on ktvu channel 2 news at 6:00. ?w?wóç

. a small plane crashed into a warehouse in phoenix killing the pilot. authorities said there was no one in the warehouse at the time and no one on the ground was injured. the official cause of the crash is still under investigation but witnesses reported hearing the engine sputtering and seeing a plume of black smoke trailing from the plane just before it went down and not long after it had taken off. well the latest controversy in the immigration debate involves changing the united states constitution. as allison person reports some prominent republicans are now

talking about denying citizenship to children of illegal immigrants. >> she just remembers crossing the river and swimming across the river and just, you know, really struggling. >> reporter: struggling. >> it's a story often told in owing ga medinah's family. >> she was five months pregnant. >> it meant she and her brother would be born in the united states and automatically become american citizens. it's a guarantee of the institution's 14th amendment that people porn in the u.s. are citizens. medinah who recently graduated from stanford said she has never taken it for granted. >> i consider american citizenship to be just a paramount privilege in my life. >> life. >> but now the 14th amendment is coming under fireplace. a growing chorus of republicans says it encourages illegal immigrants. it has evolved into something

the founders didn't intend. >> no one envisioned millions of people coming across the border to have babies just to become major citizens. it should be respected. >> criteriaix say that's not the answer. >> the institution is one of the greatest documents in this world and i don't think we need to change the constitution to solve our immigration brooks. >> it makes me very, very sad that it's a prospect that is being tossed around really for, only for political reasons. >> changing the constitution is such a comply kayed and difficult process it's unlikely this idea is going to gain much track beings but sit already turning into an cone shoes election year debate. allison burns, ktvu channel 2 news. >> we have more news coming up on ktvu channel 2 news at 6:00. julie haener is in the newsroom looking at other stories we're working on. more on today's decision

that over turns california's ban on same-sex marriage. why the legal fights are far from over in this landmark case and why day marriage is still on hold. also ahead, taxi drivers in one bay area city have to wait years to get a permit. tonight's new pilot program that is giving cabbies a reason to celebrate. a new effort on the way to south bay to put laid off firefighters back to work. these stories and much more coming up at 6:00, we'll see you then. >> thank you julie. it is official. the marriage between shaun pen and robin wright is over. a judgment filed two weeks ago in marin county court sealed it. wright filed for divorce last august, it was the third time the court had filed either for separation or divorce. court documents indicate the couple will share custody of their 16-year-old son, they also have a 19-year-old daughter. the documents though did not contain any details of the financial settlement in the divorce. today is president barack

obama's birthday. he is 49 years young. he will fly home to chicago to celebrate with friends, they'll hold a presidential birthday bash. it is part of a nation-wide effort on the president's birthday to encourage first time votetors get to the polls in november. time for us to talk about our local weather and i don't know what we can say about it except it is really foggy out there. let's check in with our chief meteorologist bill martin. >> that's been the way for a while. the fog has been a big player, all summer, this is the way it continues. across from san francisco, that is a little deeper on the marine layer up above the buildings in san francisco. it's going to get up into your neighborhood tonight. the deeper it is the higher the clouds are the more cooling we'll see. walnut creek, the fog is not there yet but it will be. heading out the fog should be there around 10:00, 11:00. temperatures on live stormtracker 2 mostly in the 60s and 70s, livermore, 79

degrees right now, here is the forecast then. we're bringing the fog back in just as we did last night and you're gonna have a lot of it. if it was in your neighborhood last night it will be there. continues to be there nights and mornings. the fog forecast tomorrow morning or midnight tonight, a big swath. what does that mean? going to be cooler than it was today. a lot of fog last night cooled us down. 50s around the coast, low 60s around the bay, upper 60s in oakland and out towards orinda and albany. walnut creek. what's that about. low 80s, as you head out, continued cool, continued low fire danger, continued good air quality but continued cool. in the summer months this high pressure sets up and puts a lid on the fog, it holds it right to the coast. heats things up, starts to cook us right in the valley, the inland bay valley, that stays put, the commutes get bad in here, bad air quality, heat

advisories, this high pressure not present at all this summer. very little in any and this low pressure is morph the dominant feature which is, just takes the inversion, flows it up, moist cool air comes in at 2, 3,000 feet in some cases, get over the hills and cooling your neighborhood. that's all you got to know. that's the mitchell, that low pressure center blows up the inversion. that's why the air quality has been good. if you have asthma, respiratory issues, you're appreciating these, we're not seeing spare the air days. we saw a lot last year, heat advisories and st. pierre the air days and heat advisories. that's the daytime hyatt caesar chavez park. up the peninsula 72 degrees for a daytime high. that looks like the naval air station right there doesn't it, the hangar there at move at field, a story about that how they are going to keep that going. 68 degrees in no vlad oh, these are the forecasts as you head into thursday. 76 in livermore, that's just cool. look at these 76s, pleasanton,

77 in antioch. again those should be 80s easy. low 90s, 77 in milpitas, this is how it is. you're used to it so certainly know how to deal with it. cool on the coast, mild inland, mild around the bay. it's hot. you can find heat, get out to redding and stockton and modesto. it's an interesting interesting year. we'll look back when this is over and start crunching the numbers. it will be interesting to see how it all flushes out. >> very cool. >> thanks bill. well they are so popular at easter but once summer rolls along how those cute bunnies often get discarded and tonight one shelter is issuing a desperate call for help. . >> the ktvu channel 2 stock report brought to you by honda.

. a new research project at uc berkeley has attracted the attention of some state lawmakers. the assembly committee on higher education is looking at a new program where researchers are asking new students to submit dna samples t lawmakers want to know how the school plans to protect the privacy of students. in sacramento today mothers and their young children descended on the state capital in honor of breast feeting awareness months. they gave 5 california hospitals a mother-baby friendly workplace. making it easy for them to breast feed their kids. health experts are continuing

to discover more benefits of breast feeding, especially for a baby's first 6 months of life. immunity protection for the baby, lowered ray of service visit vick will and breast cancer for the mom, helps her lose her weight after the pregnancy. >> but ben i ken says there is more work to be done to promote breast feeding, while 80% begin nursing in the hospital by the time they go home fewer than half are still breast feeding. well a sad story tonight. the hayward animal shelter is putting out an emergency call to help save the lives of some very cute but homeless animals. . >> we have 11 adorable rabbits for adoption right now at the shelter, the hayward shelter. >> a volunteer says at least a dozen bunnies have turned up in the shelter in the past two to three weeks and most of them were actually supposed to be euthanised earlier this week but a volunteer asked for more time. so now instead of tomorrow the shelter has until this sunday

to find these rabbits new holmes. >> come through, walk around, take a look at 'em, vitt with them, and hopefully take one home with you. >> the shelter manager says while the bunnies are cute you should keep in mind that having bon requires a lot of work which why some of them may have been given up in the first place. there are also lots of cute kittens and dogs up for adoption, if you're interested in making a pelt part of your family just call and vitt the hayward animal shelter for more information. frank? >> there is much more news ahead. ktvu channel 2 news at 6:00 is coming up next. >> reporter: euphoria has broken out here in san francisco's castro district, there is a rally, a march planned and a commitment to keep fighting. that story coming up at 6:00. . >> announcer: for complete bay area coverage stay with ktvu

channel 2 news, news and weather available any time you need it.

. [ cheering and applause ] sounds of joy outside san francisco's federal court house as people learn california's ban on same-sex marriage is ruled unconstitutional. tonight we'll hear from both sides and look at the battle ahead. >> moments after the ruling, dozens of same-sex couples ready to tie the note, a rush to san francisco city hall. why they left disappointed. >> announcer: the news starts right now. ktvu channel 2 news at 6:00. for . good evening everyone. i'm frank somerville. >> i'm julie haener, we begin tonight with a landmark ruling from a federal judge in san francisco ruling against prop 8 which overturned gay and lesbian marriages. it as word of