>> good afternoon. i'm jade hernandez. a federal judge is expected any moment to decide whether or not same sex couples can head to the courthouse and get married. we have the story from san francisco. >> i'm sarah moriarty. reaction from opponents of same sex marriage about the impending ruling. good afternoon. topping the news, we are still

waiting to find out what a judge, federal judge decides on the issue of same-sex marriage. judge was expected to announce whether he would lift the ban on such weddings by noon. we are standing by. tara moriarty is in san francisco with reaction from people that oppose same sex marriage but we begin with jade hernandez at city hall. good afternoon, jade. >> reporter: we are live at city hall this afternoon. it has been a tense couple of hours. you can see behind me there is a huge crowd in front of the front steps of city hall. at least three dozen same sex couples gathered to wait to hear if they could get married today. many couples walked up since then. a large group gathered on the front steps. opponents on the ban for same sex marriage. they carry signs that say we all deserve the freedom to marry. couples rushed to city hall after a judge lifted the ban on same sex marriage but minutes

after he lived the ban, placed a stay on his own decision halting any marriage licenses from being issued. he asked both sides for their written opinion on why marriages should or slew not resume -- should not resume during the appeals process. we are waiting for the federal judge's decision. we were told initially it would come down between 9:00 and noon but we have not heard what it is. we will keep you posted. a few hours ago marks i don't remember new son entered -- mayor new so many entered city hall. >> i am optimistic and hopeful. whatever happens today it doesn't go away. the hopefulness doesn't go away. thank you for your faith and devotion and con stan see and your incredible work. it's paying incredible

dividends. people are watching you. thank you. >> reporter: a couple we spoke to today were here last wednesday. they drove unmarried back home then then came back together hoping they could walk away from city hall as a legally married couple. they missed their window before but they are determined today. >> it's not do you have a girlfriend, are you married. if you go in a public building, you have to fill out paperwork, are you married? that's the word that is asked that means something. that's the word people recognize. >> i just want to say i do. we have already done our vows. we did that when we first got together. it's forever but just to have that license in my hand and say that i was a pride for the day. >> i call her my groom.

>> governor schwarzenegger and attorney general jerry brown shifted their positions and have urged the judge to lift the stay immediately. as you can see, there is a huge group gathered in front of city hall on the front steps this afternoon. they are still waiting to hear the federal judge's decision. we continue with tara moriarty. i understand you spoke with those in favor of the ban, tara. >> reporter: thanks, jade. you know what, if this stay is lifted, we know that the reaction among prop 8 supporters will be one of obvious disappointment. they don't want to say anything until the ruling comes down. same sex marriage opponents will soldier on no matter what happens fighting against same sex marriage. this is not the end by any stretch. a small group of about four men

called walker's decision a legal travesty, touting signs that read pervert judge pervert ruling. they say the people of california voted, they shot down gay marriage. now their will is being undermined. opponents say prop 8 should stay in effect until their appeal of walker's ruling is decide bid a higher court. >> we continue to protest and rally the people that they need to express their will culturally so the courts [ inaudible ]. >> reporter: now, we left a message with prop 8 defense attorney this morning. we have not heard back yet and we spoke to representatives from the allied defense fund. they say the ban on gay marriage is necessary to safeguard the traditional understanding of marriage and encourage responsible child bearing. opponents argued in court papers that resuming gay marriage would create legal chaos among the 9th circuit court of appeals or the supreme

court if walker's ruling is reversed. the san francisco county clerk says they are standing by, waiting to assist same-sex couples the moment they get the green light. >> all right. thank you, tara. and we will have more analysis on the ruling once it is announced and what it means for the future of gay marriage coming up shortly with a constitutional law professor from golden gate university. the battle over same sex marriage intensified two years ago with a decision by the state supreme court. in june 2008 california's supreme court realized gay marriage. five months later, proposition 8 was enacted by a 52% may have jort of state voters in november of 2008. this amended the constitution to read, quote, only marriage between a man and a woman is valid or recognized in california. last week judge walker issued a 136 page decision that said the

measure violated the u.s. constitutions guarantees of due process and equal treatment. we have also learned that the appeal hearing on prop 8 will not be held until at least early 2011. ktvu will get more reaction to judge walker's ruling when it's announced and we will cover the story all day. you can read more and see more video at ktvu.com. a man that was a well-known character in the north beach has passed. we are learning more about a deadly robbery and police chase that happened in the east bay. will the bay area warm up for the weekend? the forecast is ahead. another labor dispute in the bay area, who and what the issues are.

california state workers should find out by 2:00 this afternoon whether they will be forced to take a furlough day tomorrow. governor schwarzenegger ordered three new furlough friday because of the budget impasse. an alameda judge issued a stay on any furloughs until there is a hearing. was was appealed the hearing so in less than two hours, we will find out whether the state

workers can show up for work and get paid. contra costa county authorities identified the burglary -- man involved in a burglary. investigators say they received a call about a burglary at the home ideas afternoon. then officers noted a yellow ford s.u.v. that matched the suspect vehicle. police chased the vehicle on highway 4 until the driver, 30- year-old prubencio returned to calaveres drive and surrendered. >> this is a quiet neighborhood. >> neighbors say the two people that lived there had just moved in and were fixing things up. rubio threatened to shoot himself during the chase and ended up with a self-inflicted gunshot wound to the leg. a young man and a teenage boy are in the hospital after they were injured in a gang

shoot out in oakland. it happened about 11:00 last night after a party near 23rd street and inyo avenue. as people left the party, one person started shooting firing dozens of shots. a 14-year-old boy and a 20-year- old man were hit but they are expected to survive. no arrests have been made and the motive for the shooting is under investigation. authorities in contra costa county are releasing a sketch of a man suspected of assaulting a woman inside her apartment. this is the third time in six weeks that a woman was assaulted in the park regency apartments on the outskirts of walnut creek. the sketch of the in -- intruder is similar to the other sketches. a bleak new report shows that the number of new people signing up for unemployment benefits rose to its highest level in almost six months. the labor department reports

that last week fires time claims for jobless benefits rose by 2,000 people to 484,000. the four-week average soared by 14,250 to 473,500. both seats of numbers were the highest since february and economic analysts say the numbers suggest companies will not add enough workers this month to bring down the nation's 9.5% jobless rate. employees of beverages and morallied with union organizers to protest alleged cuts in wages and benefits. >> the workers say the company told employees their hours would be cut from full time to part time and they would no longer be eligible for health insurance benefits. authorities launched a union

organizing campaign. one emeryville employ spoke out against the policy. >> they have continued the trend in the retail food and service industry of creating permanent part time jobs forcing our families into crisis creating a negative impact on our well established customer service. >> they have not returned ktvu's request for response to the worker's accusation. we want to check in with our meteorologist. there is sun out there. >> the sun is out for most. no doubt about it. we have had tweets. financial district is reporting sun. hayward and union city and right here at the mother ship we have fog that has burned off. it's heading back to the coast. there is some off in the distance but at least san francisco is 60. the high yesterday was 59. we are doing better. the strong low that was responsible for keeping us cool

yesterday is there. there it goes into montana. there is a little bit hanging back. that will keep fogs, low clouds and below average temperatures in the forecast. cooler summer. not great for the tomatoes. they are not getting much heat. the other favorable results of this cool pattern, low fire danger. nonexistent right now. it's low. cool, no heat. air quality has been great. visibility has been great. haven't had to use your home air conditioner so the power bills and your water bills are very low without heat. so, there are benefits here. coastal fog but sunny and warmer. what do you say? he said -- that's what i said, sunny and warmer. 62, 72 and 82. warmer than yesterday. 70 in livermore. palo alto 67. so is santa rosa. the city at 60. 94 down in las vegas. 98 palm springs. they will be in the 100s.

they are barely getting out of the 60s in santa barbara. the system will continue to hang around for a couple of days. high pressure is trying to build in. it will be a slow process. all signs point to gradually warming a bit into the weekend. coastal fog is not going anywhere. if anything it will get squashed, more fog instead of clouds. a little warmer. temperatures coming up slightly. low to mid-80s in locations that were very cool yesterday and low 70s. now upper 70s to 80s. around the bay, 60s to 70s. warmer on the peninsula. the coast, 50s and 60s. the trend is to slightly a little bit each day, slightly warmer. it does look inland upper 80s to 90s. >> we are -- due for -- >> reporter: after 11 full days of deliberation, the jury in the rod blagojevich corruption trial are reportedly deadlocked. the former illinois governor pled not guilty to all 24

counts against him. the jury reached agreement on two of the counts. the judge is telling them to continue with what could be lengthy deliberations. blagojevich and his codefendant brother are accused of trying to sell or trade president obama's old senate seat. the san francisco chronicle reports that legendary san francisco restaurant owner ed moose died. he was a long-time cooften near of the washington square bar and grill. he later opened his own restaurant across the street called mooses. he underwent many surgeries for a broken ankle and contracted a staph infection. he died this morning. he was 81. today the state senate will honor two chp officers for a dramatic water rescue in walnut creek last april. the two were flying in a chp helicopter when they received a rescue call.

a car with three people inside crashed and fallen into a waterway. 74-year-old janet hogan was rescued from the russian water. her husband and son died from the crash. a group of angry surfers is fighting for control of the maverick surf competition. they say the manager has steered it off course and turned the competition into a corporate circus. the surfers plan to apply for the one county permit with the goal of toning it down. county officials will vote on granting the permit early next month. still ahead on ktvu, a warning from muni in san francisco. be sure you keep proof of payment.

we are still waiting to learn a federal judge's decision on whether to allow same sex marriages to resume after he overturned prop 8 last week. so, when the decision is made, what will the ruling mean for the future of gay marriage in the state and the country. good afternoon. >> good afternoon. last week federal judge ruled that prop 8 was unconstitutional. at issue is whether same sex couples will be able to get

married while the case goes through the appeals process. joining us us law professor michael danberini. >> what do you think the decision will be today. >> i think it's highly likely that he will not stay the injunction and therefore as a practical matter allow same sex couples to marry during the process. >> why do you think that's a likely outcome. >> it's one of the things for an injunction to find that the law was unconstitutional, he had to find that the plaintiffs would suffer irreparable harm because of this denial of constitutional rights. it's contradictory to say i find you have irreparable harm but i won't do anything about it. >> someone's rights are being violated, it makes no sense to continue violating. >> absolutely. >> if he does decide to stay

the injunction and same sex combs can't get married until it -- couples can't get married until it goes through the process, what would be the nature of that. >> there is an under lie substantive right, namely to get married. that right is being changed in the appellate and probably supreme court. therefore, if you stay the injunction now, then you don't give that substantive right away. it's a matter of staying that we will -- saying that we will wait until the right has been decided whether same sex couples can get married and then we will allow procedurally them to be married. >> that was the supporters saying it would be too chaotic to have this interim period where people got married. >> absolutely. >> regardless what happens today with judge walker's decision, it's hardly the end

of this long legal story. we heard that the 9th circuit court of appeals won't hear the case until early next year. we will continue to monitor the situation and if we have any updates, we will be sure to bring it to you. >> thank you. now, the decision on same sex marriage was expected by noon today. we want to go back to jade hernandez at san francisco city hall to find out if there is any word yet. >> well, everyone is anxiously a waiting the decision. i got to tell you i think a decision just came down here. i will step out of the way. there is a lot of cheering going on. we knew we would hear cheers if the stay was actually lifted and that was what the u.s. district federal judge was expected to do here today. we are hearing chanting. now, several buses have co by here today and people honk something we were never quite sure but it looks like a lot of cheering going on. the signs here.

we have different opposing sides. we have those yes and in the back we have those carrying signs saying we all deserve the freedom to marry. we have been out here all morning. this decision had been expected to come down between 9:00 and noon. and we were waiting and waiting and waiting. and it appears that a decision has been made, announced by u.s. district court judge von walker. last week he told both sides to submit written statements on what -- how to decide whether or not to resume marriage or keep those marriages going or to actually continue the stay until this had gone through the appeals process. but it appears that a decision has come down. you can here the cheering, the sides are very excited. a large group, almost three dozen, maybe more couples that came to city hall. so, we will have more for you

tonight at ktvu. reporting live, jade hernandez. >> i'm curious. i know we don't know yet what the judge's decision is. it could everybody, judging from the cheers, possibly that the stay has been lifted. i understand that there are some clerks standing by to be able to perform marriages if that is the case? >> that is absolutely true. in fact, we went inside earlier today. there were two lines, those for licenses, those for ceremonies and there were about three dozen couples that came down to city hall waiting to see. the judge was supposed to decide whether or not the lift the stay that he imposed temporarily last week or keep the stay in place during the appeals process. so, really today, if that stay was lived, it was expected that these couples would be able to obtain a license and get married today. the mayor said there was plenty of people on loord to be able to do -- on hand to be able to

do so. we will send it back to you in the newsroom. >> okay. thank you, jade. we will continue to follow this and bring you the latest once we know what the exact situation is. we want to let you know one more note. san francisco's muni continues to implement the fare enforcement program. inspectors will look for fare cheaters. those could you tell without a transfer could face a fine of $75. the enforcement program returns from a 90-day break which muni used to retrain officers following complaint from immigrant right advocates. that will do it for us. our next newscast is at 5:00. when we know the decision from the federal judge on same sex marriage, we will bring that to you. thanks for watching. have a great day.