francisco gay and lesbian center. i'm talking a little lower because the event is going on right now. as you can see, these are speeches, this is a very upbeat atmosphere. part of this celebration is also a recognition that this in the long fight is just one more victory. supporters of gay marriage marched on city hall after learning that the ninth circuit had struck down proposition eight. here city leaders celebrated as did frank and joe capliafano. married in 2008. >> this document means everything to me actually. it's always been a dream of mine to fall in love and get married ever since i was a kid and i have. >> frank and joe were among a small number of gay couples legally married before the current ban took effect. their marriage a preview of what others hope to achieve. >> having this valid marriage license meant the difference to whether or not i got health care.

and we found one of those people hoping to get married at the victory celebration after the court ruling. >> we were really overjoyed. the only thing that could have made it better if they said the stay had been lifted. i would have been married by now if it would have been. >> reporter: teresa said she and her partner missed that small window to get married. >> it could be a couple of months, it could be several years if the u.s. supreme court says yeah we'll pick it up and go with it. >> reporter: you might think everyone in this room would want this fight to go to the supreme court to set some sort of federal precedent. but we talked to several people who said that they would be satisfied if it ended here saying that they have waited long enough. in san francisco, ken pritchett. the judges ruled there is no legitimate reason to ban same-sex marriages and that's why proposition eight is

unconstitutional. rob roth continues our coverage he's live in san francisco with their legal argument and what's next, rob. >> reporter: frank, for many folks here in the castro district who support same-sex marriage, today was a big victory. but there's still a long way to go. dozens of people stood outside the federal courthouse on seventh street this morning anticipating the decision. it came via e-mail. in a 2-1 vote the u.s. circuit court of appeals said prop eight was unconstitutional. judge reinhardt said, inferior to those of opposite sex. this couple has been challenging prop eight in court. >> very soon proposition eight will be gone forever. when that day comes, we can all celebrate a victory for

freedom, fairness and equality. we can't wait for that day. we can't wait. >> reporter: san francisco general attorney herr era received an ovation after the decision came down and herr era applauded the decision. >> they are thoroughed and well natured decision reveals marriage discrimination for what it is, discrimination. >> reporter: in his dissenting opinion, judge smith wrote, the united states supreme court has not recognized that the fundamental right hat not ruled the right to marry. they will take their fight to the united states supreme court. >> the ninth circuit is the most overturned court on the federal bench. >> despite today's decision, same-sex marriages remain banned until the u.s. supreme court weighs in perhaps two years from now. reporting live in san francisco, rob roth, ktvu channel 2 news.

more details now on what's next for proposition eight. supporters have two weeks to appeal today's ruling to the full 11 judge panel of the ninth circuit: prop eight defenders can also take their appeal directly to the supreme court. they'll have nine days to do that. today's ruling won't take effect until those deadlines pass. a lawyer who helped defend proposition eight before the appeals court argued the ruling is out of step with the rest of the country. >> all the federal appellate courts and the supreme court when they've dealt with the issue of marriage they've always come out the other way. so this is really ground breaking and really kind of departing from legal precedent. >> andrew puno is with protect marriage.com which has long fought against gay marriage. he said prop eight supporters will appeal today's decision. we won, that was lieutenant governor gavin newsom's reaction to the news on

twitter. when newsom was san francisco mayor, they made waves. >> it's happening in our lifetime in realtime and i'm very proud of this court's decision. >> reporter: in 2008, newsom married miayan and martin again when the supreme court lifted the bar of such union. and you can read the court ruling for yourself by going to ktvu.com. just look under the top story on our home page. we are getting an incredible look tonight at a fire in san leandro that broke out this morning and we're getting it from a firefighters perspective. >> reporter: the two alarm fire in unincorporated san leandro forced a dozen people from their home just after 7:00 a.m. you can see here a woman lowering her child to the arms of a waiting firefighter. and this helmet cam video also

shows just how thick the smoke was as fire crews went from room to room. firefighters eventually found two more children on the second floor and were able to bring them out to safety. we're getting a clearer picture of the san francisco district attorney's case against sheriff mirkarimi. today ktvu got outlines of accusations of a former girlfriend of mirkarimi. she describes one instance where she says he grabbed her arm and pushed her against a wall. she said that incident left a finger bruise on her arm. ktvu was unable to reach mirkarimi or his attorney. we've learned that an arrest has now been made in connection with the shooting of an off duty federal agent in

newark this morning. maureen naylor is live outside the victim's home where the shooting literally woke up the neighbors near by. >> reporter: late this afternoon police announced that evidence and information gathered here is what led them to arrest dennis bagwell of piedmont. he tonight is accused of the attempted murder of the federal agent that lives here, who is also 61 years old. police say he was shot once this morning. >> it appears the agent had a confrontation with the suspect. it's unknown if the agent discharged a weapon. >> some kind of scuffle. that is what originally got my attention. then within five minutes of that noise, so i would say about 5:30, 5:40 this morning. i heard three shots then immediately after two shots. >> reporter: police aren't releasing a motive or what led to the gunfire that woke neighbors. some did not want to appear on camera. >> i heard someone say get down

on the ground. then after that i heard multiple gunshots. >> from that point i heard from my back door window a woman saying, oh no, my god. robert. robert. >> the agent moved into his home in the last year and a half and lives here with his wife and his daughter. he's identified as a 61-year- old customs and border officer who has been with the department for five years. most recently working at the san francisco airport which -- airport where he inspects luggage. investigators are not saying if his -- if the officers service weapon was used. police arrested bagwell and police are saying he has no criminal record. today's wet weather could be blamed for this mess in stan ta rosa. a eucaliptus tree fell crashing

through the roof and ceiling. no one was inside at the time. there were a number of downed trees around the bay area today and that kept crews busy. this tree fell in san jose bringing down a power line. only 10 customers were affected. and pg & e tells us there's been a dozen separate outages in san jose today but all of that power has now been restored. unfortunately the rain did not do a lot to ease fears of the drought. the storm brought a near .4 of an inch of rain. the santa clara water district tell us this is actually their worse stretch of a rainy season ever. >> in san jose, at this time of year this is so far the driest season in recorded history since 1875. so that means it's been drier than it was in 1976 and 77. officials tell us they planned to urge the public to start conserving water early to try to compensate for this dry spell. pg & e says it's been pressure testing all of the its

pipelines. the utility began tests on 2,000 miles of pipelines in populated areas following the deadly san bruno pipeline disaster back in 2010. pg & e said this is a key milestone as it works to regain the public trust. the utility will now focus on remote areas. the city of oakland is investigating how hackers are able to gain access to the personal information of several city leaders. the group anonymous released birthdays and phone numbers in retailuation for the city's handling of occupy protest. the list includes mayor jean quan, almost all of the county members and the the áf new sheriff. >> another major shake up for yahoo's board of directors. the company announced today the chairman and three fellow board members will not seek reelection this year. this -pl cos one month after

yahoo -- this comes one month after yahoo hired a new ceo. in an area of empty store fronts and business owners too scared to talk to the media, crime is the main concern. what oakland police want to do about it. back here in 10 minutes, the rain is done, fog moves back in. we're going to look at how that's going to impact the wednesday morning commute. denny's new sizzlin' skillets are here for a limited time. so strike while the iron's hot. starting at $4.99. only at denny's. america's diner is always open.

firefighters faced heavy smoke firing a kitchen fire. our camera was the only one there as firefighters responded to the flames at the taco bell on alvardo niles road. it took crews 20 minutes to knock down the fire. the cause does not appear suspicious. it's like a war zone, that's what a local church leader is describing parts of

oakland tonight following a recent wave of killings. john sasaki talked about police about what's being done to stop the violence as many people who live and work in oakland worry who could be targeted next, john. >> reporter: julie, today police say the recent spike must end. it was a quiet afternoon in east oakland. per happen it is rain helped wash away some of the harsh feelings that caused a spike in violence. >> and the last seven days alone, the city has had 20 shootings, five have been homicides. >> reporter: police showed off firearms confiscated after being used in crimes including homicides. the atf is using technology to trace the gun's history. bishop jackson says parts of oakland feel like a war zone. >> who wants their children shot up, you know like we saw the three babies being shot. just breaks my heart to see

that happen. i'm sure the guys didn't intend to shoot the children but i'm saying they are bad shots, can't shoot. so they are out here shooting these weapons and anybody can die. >> reporter: we stopped near 73rd and mcarthur where some business owners and other people declined to talk fearing they could be targeted. >> all you have here to look at is a few guys that have nice cars because they are selling drugs, so there's no role models. >> reporter: this man does security for a tax services office. >> something definitely can be done if all this political stops and we take care of our house. >> we know there's a link to two rival groups in east oakland and west oakland. we need the community to stop forward with information on these acts of violence. >> police acknowledged that the occupy movement has diverted much needed resources, they also released the names and

photos of oakland's four most wanted. live in oakland, i'm john sasaki. three people pleaded not guilty to murder charges in the death of a 21-year-old woman from concord. prosecutors say 23-year-old donald waldercer, 17-year-old jonathan heriald and rodney bele was staying with johns when she was killed. a motive for her attack has not been determined. in a few hours, the walnut creek lounge will ask city council to lift a service restriction. lift is one of several bars where police have stepped up patrol in response to recent violence. an unusual high tide today had ktvu's john fowler out on the bay. new at 6:00, he's live in

foster city with a new look at the rising fees. john. >> reporter: experts say where i'm standing, 9 feet above low tide will be under water in coming decades. and california stands to lose billions in homes, business and infrastructure unless it spends billions protecting them. low lying foster city may be completely flooded by rising seas from climate change in the lifetime of today's children. >> i feel sorry for my kids. you know, that they have to inherent something that's broken. >> it's scary. what are we supposed to do about it? >> reporter: during today's extra high tide called a king tide, environmentalists took us on a boat tour to help bring awareness. >> what we can see is a glimpse of what sea level rise will look like in our communities and how it will impact us. >> reporter: this is the lefty odulle bridge by at&t park. the water is already lapping at

the structure of the bridge. imagine that four feet higher. >> we need to get ready. we need to start planning. >> reporter: a new program called california king tides lets people share pictures of increasing tides. this was the tide four weeks ago. the plan is to educate how big the tide will get. >> the sea level rise can be much more significant than we ever might have thought. >> san francisco airports are already preparing. but delta levies face huge risk. drinking water may become too salty. health and science editor john fowler ktvu channel 2 news. for more on how you can help, you can go to ktvu.com there you will find a link for

king swells. after a lot of rain this morning things are drying mother -- things are drying now. we want to check in with chief meteorologist bill martin. >> it was enough to slow the commute, enough to talk about last night in the morning news. but accumulations were relatively low. half inch is the most i could find but it helps. everything helps. look at that there goes the system as it slowly moves through the bay area this morning. and it did slow your morning commute. sal and steve were in here earlier. there were winds, the winds never really got that strong. out in the pacific now i'm tracking a big high pressure ridge. the áf that low is gone. that's the bad weather it's gone. and you know what happens when the high pressure ridge sets up. more of the same. which is more dry and more warming. we're seeing the end of the

ridge right now. high pressure sets up. we'll have valley fog. it'll slow down morning commute. it'll be chilly as the kids set off to school. it'll be chilly if you're w orking at the toll bridges. it's cold tomorrow morning with fog. and then tomorrow the afternoon back into the 60s. and as we head into thursday, maybe into the 70s. the dry weather pattern continues as we go into your bay area weekend. so fog back in the forecast. we've seen so much valley fog this year. i can't remember the last time we had so many days of valley fog. it'll be there, it'll be dense and it'll be hard to see through and it will slow your commute tomorrow morning. tonight at 10:00 i'll pull through the latest computer model. overnight lows will be in the upper 30s. the valley fog will be minely toward the usual prospects. we've had problems in the past near the bay bridge and the richmond bridge but i suspect most of the valley fog will be

east of the bay in those north and east bay valleys. here we go with the system as it moves off. drop a little bit of snow in the mountains. we're going to get into wednesday. high pressure sets up. the fog forms, fog burns off and then we warm into the 60s. the forecast mid-60s. and upper 60s, maybe some low 70s. and it's, you know we're back to the same. we have some wet on the ground but julie it just really isn't enough to you know it's not what we need. what we need is about 6-inches of rain and about a series of three storms. this is a series of one mild storm and there's nothing behind it right now. >> it was just a little bit. we need more. >> we need more. >> all right, thanks bill.

>> an east bacon -- this is the view from the property which is home to rare plant and animal species. the four is set for saturday, and the land isn't likely to open for several years because of state budget cuts. coming up on bay area news at 7:00 on tv 36, today's prop eight decision is being called a victory in many places but not everywhere. reaction from the one bay area county that voted for the same- sex marriage ban in 2008. also gop presidential front runner mitt romney could get a huge boost tonight. join us for a live update on tonight's races at 7:00 on tv 36. tiger is back, sports is next.

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this is the week the at&t proam down at pebble beach. >> i guess it's going to clear up by the weekend. have great weather but today it was all about tiger. you know what no matter what you think of him. tiger is golf, golf is tiger and he was able to practice a little bit today before addressing the media and hard to believe. he's 36 years old and asked at that age, elderly that he is. is he noticing some changes in

his body these days. >> tie tiger you are getting to an age that for some of us starts going south a little bit. do you notice any signs? >> i'm not going there, i'm not touching that one. i know that i'm sore quite often just about every day when i'm playing with my kids. they're not very tall yet. and bending down there and playing with them and building things and coloring and doing all those different things that's pretty low to the ground. so, i do get sore. >> and hasn't played since 2003 in the at&t. mean while the charity competition between the niners and giants, $69,000 going to the charity of the winners choice. and the team of price making the winning putt there. and later, coach jim harbaugh asked why he didn't show up to

accept his coach of the year award. >> we coaches don't block or tackle anybody. so it's neat, it's really a reflection on them. >> always working it. and taking the credit and giving it all to the players. that's the sporting life at this hour. we'll have highlights of the warriors in oklahoma city tonight at 10:00. back to you julie. >> thank you so much mark. >> thank you mark. >> thank you for trusting ktvu channel 2. stay with us on ktvu.com and mobile ktvu.