is incapable of being impartial. >> all along, it's grasping at straws. >> an attorney for prop 8 backers said that our attorneys will continue to appeal. >> i think that's the right ruling. i think it's time to we resolve this issue permanently and in the affirmative for the gay community. >> the stay on same-sex marriages remains and the hearing is set for a hearing in the fall. lieutenant governor gaffein newsom who was the foyers permit same-sex marriages when he was in san francisco praised today's decision on proposition 8 n a released statement, newsom said that today's decision by u.s. district judge james ware is another victory for the thousands of california couples, their families and friends who share the belief

that the freedom to marry is a constitutional ride for all americans. first lady michele obama was in california for two fundraisers. she made a pitch for her husband's reelection. >> reporter: right now, first lady michele obama is back on the way to washington after two successful fundraisers. the secret service were quick to disperse the demonstrators. if you wanted to seat first lady, you had to pay anywhere from $1000 to $25,000 towards president barack obama's reelation campaign. >> i can afford to spend the dollars and i wanted to meet her personally and have a chance to chat with her for a second. >> reporter: tv cameras were

not even allowed inside. >> i'm sorry. i feel bad for you guys. you missed something good. >> reporter: do you really feel sorry? >> no, not really. >> reporter: these photos were taken by one of the more than 1000 dinners. >> it was a wonderful community grassroots event. there were kids there that were 10 or 12 >> reporter: mrs. obama left the claremont before noon and her motorcade proceeded directly to the merchant's exchange in the san francisco district. she was hard to spot here, too. inside, she addressed about 4200 people who spent $2500 each for lunch. the san francisco republican party criticized mrs. obama's trip. >> she has no business purpose for being here for the federal government. so having her fly up here on a government plane with her government entourage, blocking the streets and inconveniencing san francisco residents and then asking us to pay for it as taxpayers is adding insult to

injury. >> reporter: white house officials told us that the democratic national committee pays all expenses required by law. reporting live in berkeley, rob roth, ktvu channel 2 news. more details on the first lady's visit. this morning's breakfast was prepared by the famed chef. the menu you can see here. >> all this sound very good. president obama today became the first u.s. president in 50 years to make an official visit to puerto rico. >> it is good to be back in puerto rico. >> the president told the crowd he is fulfilling a campaign promise he is returning as president. he says that the aspirations and struggles on this island mirror those across america.

>> we have been trying to make sure that every family on the island can find work and make a living and provide for their children. that's why our economic plan and our health care reform included help for puerto rico. >> people living in the u.s. territory of puerto rico can only vote in presidential primaries but political analysts say this trip will help the president build support among u.s. latinos. coming up at 5:30, why one bay area congresswoman is questioning the president's commitment to latinos. san jose is battling to avoid a $150 million budget deficit. police officers agreed to cuts to avoid losing jobs. >> reporter: it is a very terms, emotional day here at san josecity hall. the police union and the city

came to an agreement but say it's hard to celebrate with the rising layoffs and the rising crime. san jose police were preoccupied with the latest homicide when a young man opened fire. even though officers voted to take a 10% pay cut to save 156 jobs, it's hard for many not to focus on the 100 or so officers still scheduled to be laid off next months. >> homicide rate is escalating at a fast rate. violent crime is up. burglaries are up. property crime is up. i mean, they can't afford to lose one officer. >> today's vote means that he remains on the sexual assault unit and temporarily gets rid of a nagging labor distraction. >> today's case was the molest of a ten-year-old girl that we were working on. to be able to gout and know that i have a job for at least next year ace sigh of relief

and i can 100% focus on the case. >> reporter: a detective scheduled to be laid off says that he will remain on the job. he is afraid to be happy. >> it's on and off. one moment, you think you are laid off. one moment, there is some hope. >> reporter: but, today, we learned one reason detective trong and other officers are not laid off. that's because some detectives are getting their retirement. one officer told me it may solve the number crisis but what about the quality? low-income families and people with disability rallied in san jose ahead of today's state budget deadline. demonstrators called on lawmakers to pass a budget that does not include spending caps and demanded that health and social services be spared from further cuts. we need our services. we can't afford any more cuts.

we've given up our services year after year and we can't afford to give up any more. the rally comes as democratic and republican lawmakers remain split over taxes. democrats began preparing two budget, one with an extension of expiring tax increases and one without. coming up at 6:00, how confident are california voters that lawmakers will be able to fix the state's budget problems? we'll have the findings in the latest, inclusive ktvu field poll that you will see only on two. there is increased pressure on embattled congressman anthony weiner to step down. the new york democrat is under fire for tweeting those lewd photos of himself. today, house minority leader nancy pelosi made it clear he should leave. >> there is the need for help that congressman weiner should resign from the congress. >> reporter: early in the

congress, pelosi called for a house ethics investigation into the scandal. she joined a growing list of politicians on both sides of the aisle who say that weiner must leave office. weiner is on a two-week congressionally approved sabbatical. he says he will use the time to, quote, seek professional help. today, his long-time friend and political mentor, new york charles schumer expressed dismay over weiner's actions. >> those of house have been friends of anthony weiner for a very long time feel his wrongful behavior is distressing, saddening, heartbreaking. now, it's clear he needs professional help. >> reporter: tomorrow, anthony weiner's wife, huma abedin will be back from a foreign trip with her boss hillary clinton. a spokesperson says he believes that his wife's return will

prompt him to step down. she is breaking her silence. mildred baena said that she was not sure if schwarzenegger was the father but started to see a resemblance in her son as he grew older. when he told her son, he responded by saying, it's cool. his name is joseph . he is now 13 years old. maria shriver grew suspicious and asked her point blank if joseph was fathered by schwarzenegger, and she said that shriver was, quote, so strong when she learned the truth aero space contractor lockheed martin had bad news for its work force. the company is slashing 1200 employees in its spacesystem division department. the space will hit hard in denver, and in the delaware valley of pennsylvania and

here. lockheed will reduce its work force by 8%. middle management will be cut by 25% many finally, a big rally on wall street. stocks charged ahead today with all three major indexes posting their best performance since april 20th. this after better than expected news on retail sales and inflation. the dow ended day up 123 points closing at 12076. the nasdaq was up 39 points ending the day at 20678. a ran raphael woman faced a judge on charges he intentionally start two fires near a homeless en campment. the back-to-back fires isn't heavy smoke into the air. witnesses reported seeing a woman running through the area. police arrested 38-year-old hope windham. she appeared to face charges of

violation of probation. the first anniversary of the san bruno pipeline disaster is less than three months away. tonight, the san bruno city council is set to vote on a proposal to form a special committee to form anniversary event. they will be formed of the areas hit by the canyon fire. the disaster claimed the lives of eight people and destroyed 38 homes. tonight's meeting is set to begin in just about two hours. what we learned in just the last few hours about this fire at a bay area school that has firefighters convinced that they are looking for an arsonist. and a warmer day today. temperatures into the low nineties in the hot spot. it will be very warm again tomorrow. we'll show you which cities will be back into the nineties. dad, i was wondering if you've --

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highway pa parole officers are investigating -- patrol officers are investigating a crash on the dumbarton bridge. commuters driving through oakland around lunchtime may have gotten caught in some traffic. highway patrol officers say that this big rig was hauling gravel about 11:45 when it jacknifed. several other vehicles were involved in the accident. no one was hurt, though, and the lane was clear within about a half hour. school officials in west contra costa county say that a fire at school appears to be the work of an arsonist. >> you can see anything charring on the outside of the building. this fire started at about 8:00 last night. fire officials are calling it

suspicion. they called it suspicious this morning. a school official confirmed for us today there appeared to be three separate origins for this fire. ktvu camera went inside the burned building and got a look at the damage up close. fortunately, no one was hurt and school is out for the summer. this old building was in the process of being cleared out. the student will be moving into a new school building with new computers and new school supplies for the next three years. the old classroom were full of equipment that could have gone elsewhere in this needy district. >> a lot of textbook materials were lost. we have to try to find a way to replace that. the school has been totally damaged and it's sad to see this. >> reporter: the school board president whom you saw there just a moment ago fold me that this is the third apparent arson in richmond in just the last two years. we are live in richmond, christian castin, ktvu channel 2 news about an hour ago, the alameda county fire department wrapped up a two-day controlled

burn near dublin. fire crews conducted the burn. fire officials say that the burn will increase the defensible space for residents in that area. >> fire crews are slowly gaining ground in their fight against the wallow wildfire. authorities now say that that fire has thrown to more than 700 square miles and is still only about 18% contained although that is up from yesterday. residents evacuated from their homes have been allowed back now but many say it will take time until they are back to business asusual. >> a week, two weeks, maybe a year to get back to some kind of normalcy. but it will come back >> with the monsoon in the area soon, officials are urging residents to consider flood

insurance. residents east of san jose woke up to a jolt there were no reports of any injuries or damage. the power is back on throughout much of christchurch, new zealand. the area has seen earthquakes for the last two days, the strongest as 6.0. the mayor says that insurance is the key to recovery. >> if we don't have the ability to reinsure going into the put, then we don't have the ability to borrow money to rebuild homes and get mortgages. >> reporter: jew might remember that during the first earthquake, ktvu spoke with a bay area man whose two brothers lived in christchurch. robert gwynn called us to say that his brothers described

these latest quakes as violent. they describe huge sinkholes and communities condemned after the ground liquefied. at an improvement project at yoament will begin this summer. a new eco friendly trail will be built minimizing damage to the wet land. the nature connoisseur conservation will provide some money. let's check on the weather right now. it looks like we went from winter to summer. >> temperature back into the nineties out side. we go outside. i want to point out the wind directions. they have the buoys.

see all those buoys? they are live and interactive. thee these little arrows, all pointing this way. there is a strong north wind blowing down the coast and that's where the fog went. the fog has been pushed -- has been scoured away from the coast. that's why temperatures along the coastal stretches have been much warmer today in the central valley. it's even warmer with highs into the mid-nineties like in sacramento. current conditions in the santa clara valley, i've got 82 in san jose, 82 degrees in redwood city. current buoy reading at redwood shore will give us wind gusts shores. northerly winds will stick with us tomorrow. what's the big deal with the northerly winds? that should be cold wind. it's actually warm wind with the compression wind. when we get to the big fire danger is when we get the northeast wind. here us the north wind. that's what we have today. that's not super hot. later on, we have winds coming this way, northeast this way. that's when you get into the

really super hot weather. jet stream driving to the north. we're going to be warm one more day. current temperatures outside, 91 in fairfield. temperatures outside are about 10, 12 degrees warmer than yesterday. there will be a little bit of patchy fog tonight. they will be clearing tomorrow rapidly and then it will be warmer tomorrow. temperatures may be two or three degrees warmer, especially inland. coastal sections, returning tomorrow. extended forecast cooler but do not panic when you see the clouds. i'm talking about nineties back up into the upper 70s and low 80s. so a real nice period. we go into late tonight, a little fog shows up at the coast. you see it shoot across oakland and alameda. not a lot of fog. more heat tomorrow. temperatures probably warmer than today. i'll get specific with those temperatures in your neighborhood. see you back here in just a few minutes. all of that talk has me thinking of the beach and santa

cruz. it gets the nod as the best beach town all of northern california. yahoo travel released its best american beach town. santa cruz is the only california city to be included. here is a look at that en sire list and that includes names of beach towns in maine, florida, rhode island, south carolina, michigan as well as the u.s. virgin islands, texas, georgia, oregon. we now what triggered this and who was injured. and the new style of plane that could completely eliminate all those arguments over that window seat.

a group of hackers is claiming responsibility for breaching the u.s. senate's website. the group published files online over the weekend taken from the senate .gov website. senate officials confirmed an intrusion into the server but says that no sensitive information was compromised. same group took credit for hacking into sony. the u.s. government is projected to blow right through it legal borrowing limit of $14.2 trillion on august 2nd.

federal reserve chairman ben bernanke is also urging republicans and democrats to work together to develop a long- range plan to tackle the deficit and he warned republicans not to use the debt ceiling deadlines to force democrats to make cuts. >> the debt limit is the wrong tool for that important job. failing to raise the debt ceiling in a timely way would be self-defeating if the objective is to chart a course for a better future for our nation. >> republicans say that they will only agree to raise the ceiling if congress makes exam cuts in spending a member of oracle's america's race crew is injured after we showed you yesterday here on channel 2 news at 5:00. take a look at that. shannon falcone suffered a dislow cathed rib cartilage after he was thrown over board.

a second man crashed through the boat's wind sail and was thrown into the water but he did not need medical attention. european aircraft maker airbus has unveiled its vision of what air travel will look like in the year 2015 and it looks pretty cool. airbus shows off pictures of a commercial jet that offers transparent fuselage. the model includes self- cleaning head rest as well as entertainment systems powered by the heat from passengers' bodies. a couple of school teachers arrested for sexual assaulting a young woman on school ground and just in time for summer, the f.d.a. ischanging the rules on sun screens. what you need to know before you head to the beach. ♪ let's go out to the dmv

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denying the charges. thisville jo teacher arrestd in a sex assault case on campus insists he is innocent. the special education teacher appeared in court accused of raping a developmental challenged student aid. we get more information on this case >> reporter: that 56-year-old teacher leaves from this school right here in vallejo. the reason, the alleged sexual assault happened on school ground. this is exclusive video of jerry johnson being taken last night. he is a special education teacher in vallejo. that's where johnson who has worked for the district since 2009 is said to have assaulted

his 18-year-old classroom aide. >> the family became aware that their 18 yearly daughter who is pretty severely mentally disabled had been sexually assaulted by this teacher. >> reporter: police say because of the young woman has the mentality of a seven-year-old, she is not capable of giving consent. that's why johnson is facing the rape charge. investigators say that the alleged act happened back in february but was not brought to their attention until last week. >> i believe it was after hours or before hours before children were present. there were no children present when the acts are alleged to have occurred. >> reporter: officials here say that they will be notifying parents of the incident. johnson made his first appearance in court today. however, our cameras were not allowed inside. did he not enter a formal -- he did not enter a formal plea but he denied all charges. >> we are taking this extremely serious and we have been working in collaboration with the vallejo police department within the last week. >> reporter: as of right now,

police do not believe that there are any other victims but if you know anything about this case, you are asked to give them a call. johnson is in custody and has bail set at $750,000. live in vallejo, i'm paul chambers, ktvu channel 2 news. a san jose couple accused of running a prosecution ring are in jail. they are accused of smuggling people from mexico to work in their restaurant. all other charges, including money laundering and other charges were dropped after a guilty plea. the u.s. armed services committee approved leon panetta 's nomination. his confirmation now goes to the full sunset for a vote.

he will replace robert gates who is retiring after four years on the job. president obama made a quick trip to puerto rico today hoping to send a message to latino workers back home. the trip comes as some lawmakers in his own party are lashing out for not doing enough to help the u.s. immigrant community. >> it's been six years since the president visitedpuerto rico. although he spoke to a crowd that cannot vote in a presidential election, he was speaking to latinos on the main land who can. >> i think there is a lot of disillusionment that is going to be reflected in the next election if the president does not take more sub stand siev actions rather than more photo opportunities. >> >> gutierrez wants the

president to use his executive authority to stop deportation of students, for example, until congress hashes out the law. so far, it appears that the president has not done much with the letter. >> we are still in dialogue. i don't want to say disappointed yet. >> in the meantime, she has taken matters into his own hand who she says has the support of silicon valley because it gives a lot of opportunities for high skilled workers. >> so far, no republicans have endorsed although there is talk from that side of the aisle over the need to reform the immigration system. the san jose city council is meeting at this hour to vote on a budget as city face as

$115 million budget shortfall. mayor chuck reed's spending plans includes deep service reduction. the counsel sill heard from a long line of speakers including residents who say they are sick of escalating fees for dwindling city services. >> on the one hand, you say you have to get the budget under control and you want everybody to take pay cuts as part of doing that. and then on the other hand, you want to go to the people of san jose, the citizens, the property owners and you want to raise rates. >> reporter: the city is required to adopt a final budget by june 30th for the next fiscal year which begins on july 1st. in about two hours, the mount diablo school board members will meet to vote on planned $1 million in cuts. the district says it will be forced to make deeper cuts without the governor's proposed tax extension. special education assistance

could see their hours reduced. adult education si ace taps could lose $300,000. newly declared presidential candidate michele bachmann says she will run for one seat at a time. she announced she will run for president during last night's primary, republican primary debate in nirapathpongporn. she says she will not run for reelection to her minnesota congressional seat while she is campaigning in the presidential primary. today, her staff said that minnesota state will you prohibits a major party candidate from running for president and congress on the same ballot. but the law would allow her to drop out of the presidential race and seek reelection to congress by jeune 5th of next year. a popular home and garden company says it wants to get into the medical marijuana business. which one and what it has planned, next. and the whip has come down. the product that san francisco smoke shops need to get rid off in the next 24 hour. and new numbers that say

point to a slowdown on facebook.

scott's miracle grow is looking to cash in on the medical marijuana market. responsibility hara home and garden company best known for its weed killer says it is considering the move to boost sales. the company relies on home depot, loals and walmart still

struggling from the slow economy. officials say that the medical marijuana business is a small area of growth. and a settlement with neighborhood smoke shops half a dozen smoke shops and mission neighborhoods face civil suits for selling instruments exclusivelyused for crack and other illegal drugs many under this new settlement, businesses are now subject to unannounced inspections and searches. the smoke shops have also agreed to fines ranging from 5000 to $11,000. palo alto-based facebook may be reaching the saturation points in certain parts of the world. it gained 12 million subscribers during the month of may but the growth slowed for the second month in a row. facebook had been averaging 20 million new users a month. the social networking site actually lost six million u.s.

users last month. google today gave 280 million-dollar to solar city of san mateo. the money will help solar city to fund roof top installations. google had previously in vested 680 million-dollar in clean energy companies but this is its first major investment in small scale solar projects. google officials say that other companies with extra cash will make similar contributions to clean energy. a new report shows another benefit to breast feeding babies. researches at the unfortunate of virginia say that babies breast fed are less likely to did i of die of sudden infant death syndrome. the rate of sids was 60% lower in breast-fed inwant and 70% in infans who had only breast milk and no formula. more research is needed to see if the link of this breast feeding affects the risk. an article from the

national academy of sciences says that memory challenging video games may help children learn problem solving skills. researchers had more than 60 children play a game where a kid had to remember the location of frogs on lilly pads. researchers say their study shows that the training can boost brain skills, even months after the fact. after 30 years, the f.d.a. now says it wants to make some big changes on sun screen. what they are still ahead. and some 90 today and more. i'll tell you how hot and when that fog will return.

after 33 years of debate and study, the f.d.a. announced new rules for sun screens. ktvu's health and science editor john fowler is live in alameda with a word of warning you won't see anymore. >> reporter: the f.d.a. says with melanoma rates rising, it wants clarity on sun screen so that more people will use them, fewer will get skin cancer. >> a perfect day to do what young people do at the beach. >> i'm just trying to get a tan for the summer because i want to get darker. >> reporter: he is under an spf 8. under the new warning, spf under 14 must have a warning. >> i love the sun. i'm a sun wore slipper.

>> but doctors just removed a melanoma from her leg. the f.d.a. will require e squall uva and uvb to get a sfp number. the f.d.a. wants new language about how long protection lasts. good-bye unblock, no more waterproof or sweat proof. now water resistant will be in minutes. today's claims are confusing, misleading. >> i think that's unfair. they need to know what you are putting on your skin. >> reporter: the f.d.a. today proposed but did not make final a ruling that would ban any advertisement of spf greater than 50. >> the higher the number, the pro protection joo. 97 with 30. 92 with 30 and any bigger number pretty much just hype. >> well, that would be terrible not to believe them. i mean, are they lying?

>> new rules take effect in a year. until then, the f.d.a. says it's buyer beware. john fowler, ktvu channel 2 news it appears water bills in palo alto are about to go up 12 1/2% despite the wet winter and the best conservation efforts in 19 years. there are two reasons. the water comes san francisco's hatchach akee. officials want to replace he have revenue lost because of all the conservation efforts. the hike impacts residential and commercial customers. it takes effect july 12th assuming that the city council approves. well, do you have faith in california's leaders to fix the budget problems? according to a new field poll, not so much. what californians are thinking coming up in about 15 minutes. new at 6:00, not a smooth landing for a historic fighter

jet in alameda. the plane, the landing and how it could not have come at a worst time. and all of us are applauding the summertime weather. for some, it is causing big tree troubles. a volcano eruption in chile has grounded more airplane flights and it threatening to delay a major soccer tournament. a cloud of ash from that volcano has forced grounding of airports. the main argentina and chilian airports are closed. the coppa de l america is supposed to start in chile but the volcano may push the opening a few days. bill, a spectacular day a

few day ago? >> yes, we are right now enjoying a more summer-like pattern. check out santa rosa at 86 degrees right now. that is very warm for this time of the night. north-northwest winds. out towards alameda, let's check the weather station here, offshore buoy off otherof the island. winds west at 6:00, temperature in the water 24 degrees. overnight lows tonight, mild side, even some low 60s. you wake up in antioch and livermore and you don't have fog in the morning. there will be some patchy fog at the coast and around the bay but it's minimal. with that in mind, you wake-up, rapid sunshine, rapid clearing and temperatures have nowhere to go but up. we could see temperatures into the mid nineties in the hottest spots but most spots will be like today. very similar. the fog pattern, you can see the fog gets in tonight, a little bit. tomorrow, as you get into work,

that's it. and then gone. that's how you know high pressure is still doing it thing. yellows are sixties. oranges are seven at this. reds are nineties. you see the red popping up all over the place. there will be nineties and there will be lots ofmild, 60, 70 along the ocean beaches. another day tomorrow, wednesday. a lot like today. the main indication for a warmer day tomorrow and the fact that there is not a lot of fog. temperatures above normal which is nice. we have not seen a lot of above normal temperatures. forecast highs tomorrow, 87 in napa. 92 in fair field. these are numbers. they are not far enough. they are a little above normal. this is what you expect this time of the year. we have not been seeing it. when you start getting the heat like, this in the north,

northeasterly winds, we have issues with some of the ground level ocean in the early morning and afternoon commute. the so zone levels are fine at the surface. the five-day forecast is one with plenty of warmth and cooling trend. the coastal fog had an opportunity to push back in, but overall, real nice week ahead. tomorrow, probably the warmest day of the week. temperatures trnd down as we roll into the weekend. >> all right, thanks, bill. >> thanks, bill. a lack of sleep could hurt a happy marriage and particularly hurt the wife. a recent study found that when women take a long time to fall asleep, the relationship with her spouse suffers. women to be more expressive than men. when they don't sleep well, they tend to express more frustration. the agreement with harry

and margaret help henderson include paintings including lucifer. the artwork will be on display in a museum scheduled to open in the stanford campus. it's not clear if it will be free like other art museums. >> it may make you sad to hear this but it will cost you more to visit the happiest place on land. the cost of one adult pass is now $80. that's a $4 increase. kids age 3 to 9 now pay $72, up $6. kids under 3, though, still get in free. disney traditionally raises ticket prices in august of each year but this year, the hikes went into effect a little early the idea is to keep americans safer on planes. why was the plan advanced by a u.s. senator immediately shot down? dñañy

glarveghts new service availed today aims to answer that puzzling puzzling automotive question. just lou often should i change the car? jiffy lube answered the question. many drivers just follow the basic every 3000-mile rules. now jiffy lube will combine the information to create a

permanentized oil change schedule. there are new calls in washington for tighter security in the nation's train system. the senate subcommittee on surface transportation held a hearing on the vulnerable on the nation's trains to terrorist attacks. lawmakers are concerned about documents discovered in last month's raid on osama bin laden's compound in pakistan. the materials show al-qaeda may have been planning to attack u.s. railways on the anniversary of the september 11th attack this year. some senators have suggested a do not ride list modeled after the do not fly list but the tsa says that would not work. >> rather than dog individual screening just -- doing individual screening just does not make sense from our perspective on the rail. >> amtrak says they already do random searches and use bomb- sniffing dogs but the rail agency is it asking son guess to fund advanced training.

a niewj senator says that nine homeland security programs would lose 50% of their funding under a bill approved this month by the republican- controlled house. we go live to san francisco for more reaction on the ruling on proposition 8. and forget about typing what you are searching for in google. you could just say it out loud and your result are there.

how heat is bringing down trees. good evening, everyone. i'm heather holmes in tonight for julie haener? >> and i'm frank somerville. his decision stands

regardless of his own sexual orientation. today, a judge upheld the ruling by a judge. it is one more turn in the winding battle over same sex marriages. david stevenson is live in san francisco with what this ruling means and what happens next. >> reporter: this ruling is unprecedented in that it takes a close look at the personal life of a federal judge. >> it's a good day not just for the lbgt community but a good day for california, a good day for people who believe in fairness. >> same sex supporters are applauding today's federal court ruling that focused on a judge that overturned california's prop case 8's same sex ban. prop 8 proponents argued that judge walker stood to gain by repealing the law because he was in a same-sex relationship. but chief judge ware disagreed. it is not reasonable that a