. it came in two hours ago, a new decision over the battle over same-sex marriage. the decision and reaction to it is the top story. i am john sasaki in for tori campbell. >> it is big and what the court of appeals decided not to do about prop ration 8. >> it was released two hours

ago. ninth circuit court of appeals voted not to reconsider a ruling that would allow same-sex marriage. that paves the way for the supreme court to decide whether same-sex marriage should be legal in california. >> it means that a majority of the active judges on the ninth circuit didn't think it was worth revisiting the question. that they couldn't add any value to. and let it go to the supreme court. >> pack in february, they voteed to overturn it and violated the state constitution. >> backers of proposition eight asked the full ninth circuit for a hearing and the judges denied the hearing today. they issued this statement. we are pleased to petition the court to hear this case. the lower court opinions were little more than an attack on the character and judgement of

californians. >> they also said we are one step closer to equality for same sex couples. >> ever it is a tone on gay marriages, the supreme court is not that intelligent to be perfectly honest with you. these are the people that said corporations are persons. >> reporter: the supreme court will decide whether or not to hear the case in the fall. it rules against proposition eight, same-sex marriage could be legal in about a year from now. reporting live in san francisco, rob roth, ktvu. >> here are the timelines. they voceed prop 8. banning same-sex marriage in 2008. >> in 2009. they were seeking to overturn the proposition. federal trial began in 2010.

chief justice judge vaughan ruled it is unconstitutional. in february of this year. federal appeals court ruled prop 8 is unconstitutional. two weeks later. backers of the same-sex marriage ban asked the full circuit court of appeals asked to review it. you could read more on ktvu.com. >> it is election day in california. given the expected low voter turnout, the polls have been quiet. we are joined live from oakland that people who caste their ballots will notice changes this time around. tara? >> reporter: we are at a polling station where voters have been trickling in. danny egan was the 30th person. >> i am one of the people that is focused on every election. >> reporter: they had been open two and a half hours. the turnout low. in fact, experts say it is the lowest for a california

primary, ever. >> people don't know it is a voting day. how about that. it is beyond apathetic, they don't know. >> we had a closely contested presidential race. we had people wrapped around the building waiting to vote. today we have two or three people inside voting. >> reporter: of the more 17 million, less than 6 million are expected to cast their ballots. >> nothing really hotly contested on the ballot and people don't get interested. >> can i get your last name. >> interest are new twists in running this year. >> allow me. >> for the first time they speak vietnam please and will be able to read their native tongue on the ballots. >> department of justice officials were on hand to monitor the process. >> there are important things on the bail. important primary. it is the first open primary ever in the state history. >> for the first time in a

california primary. crossover voting is allowed. if you are allowed to state your political party, you can have the independent ballot. >> depending on what happens today. you could see two republicans or two democrats squaring off in the november election. >> well the polls closed at 8:00 tonight. you have to turn it in person. and post mark does not count. now the counting will begin right afterwards and that will take until the wee hours of the morning. i am tara moriarity. >> today they are offering the real test of sweeping voting reforms in california. they face a new top two primary system which means the top two vote getters will advance regardless of their political party. the other ballot change has them voting on their candidates and redrawing congressional districts. there are two ballots before the voters today. they would reduce the limit

from 14 to one years and allow lawmakers to vote all that time. >> they would add a 1 dollar per pack tax to cigarettes and smoking prevention. for more on the election. click on the election day tab on the front page. you can find a list of polling places in the city or county. two weeks after the last fundraising trip. president obama is coming back to town this week. they are set to touchdown tomorrow in san francisco. mr. obama plans a luncheon and at the lands mark at one market plaza. tomorrow night he will head to los angeles for a big gala. >> nationally. wisconsin is taking center stage with a recall effort of the state's governor. over the cuts for public employee unions. they are behind the push for republican governor scott walker from office. >> it is much bigger and it is the core of who is in charge. is it the big government

special interests out there. >> his challenger is democrat tom barrett who lost the knew that torreial election. he would be just the third governor to be removed through such a process. that includes california governor gray davis who was removed in 2003. they are trying to find a person who shot and killed a young woman. they went to the home around 3:30 yesterday afternoon. inside, they found an 18-year old woman who was shot in the chest. she was taken to the hospital where she was pronounced dead. they are hoping tips from the public will help find the killer. this is the first homicide of the year. >> ex felon faces serious charges following a standoff in oakland. he barricaded himself inside a home and briefly held hostages. >> they tell us how the standoff unfolded with exclusive video of the suspect's arrest. >> only on two.

following a long ordeal for police. alameda if you deputies -- deputies wrap there and he barricaded himself in the home. >> they wanted to protect everyone involved with the entry team. s.w.a.t. team and hostage negotiations team and come down here and have a dialogue with the suspect and he was able to come out and talk to police. >> reporter: they had seen the man at the home. the drama started after they tried to arrest him. the suspect fired at the deputy and took off in the hot car. two passengers fled. they evacuated nearby homes and businesses. >> it is our job to serve the public. >> public safety and when we go home. we will rest with our families but we are here to protect the public. >> reporter: he opportunities police and asking him to enhis life. witnesses say the ex-felon was

hysterical. earlier in the evening. they held three people hostage. the womannen at 5-year-old boy was carried over. and they haven't told us how they are related to the subject. >> they will be investigated by the criminal investigations division and who is connected and who is not. and how this individual picking this house to go into. >> reporter: as far as you know they are not in cahoots with the suspect. >> no, i do not. >> reporter: this includes false imprisonment. those charges could be more severe because he is an ex felon. lorraine blanco, channel 2 news. they will decide if the deputy will have to turn over his court records. they want to obtain records of his calls and texts. >> reportedly he and his campaign manager said he

bruised his arm. they ordered the attorneys to return to court on thursday. the ethics hearing is set to begin on june 19th. >> a hearing is scheduled at 2:30 for seniors in brentwood. they were suspended for taking part in a planning. they filed papers in court claiming they were unfairly suspended. they took part in a senior planning and included graph feat tee and a lamb -- graffiti. and they may not be able to attend graduation. what happens, it creates algae. a stench, mosquitoes. people say they are fed up with a problem on their street and demanding that the city do something about it. rosemary is up to tell you about the temperatures and news about the windses. >> this is in the hard times. >> bay area team helps out the

community. what is being done today that has people saying thanks.

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now on our newly expanded advanced digital network, a connection your whole house can count on. ♪ . show has been on the throne for 60 years. this is the day of her diamond

jubilee. they appeared on the balcony of the buckingham palace for the flyover. prince philip is absent because of a bladder infection. they had a star-studded concert and a show. now the jury is getting underway for jerry sandusky. three of the 16 jurors and alternates were selected from a pool of 200 people. >> he is accused of abusing 10 boys over 14 years. young men who said they were attacked will be expected to testify including his wife and family of his former boss joe paterno. one neighborhood is dealing with a runoff problem. they say they have been trying to get the city to fix it for years. it causes algae to grow and

creating a stege. the issue is much bigger -- creating a stench. >> it is a danger because children come by. they could slip and fall. the water is coming from an underground water source. they said there is no money in the budget to fix it. >> nor people nationwide is using public transportation. >> they said there was a 5% increase in transit ridership during the 1st quarter of the year. it is up 7% between last may and this may. >> high gas prices will play a role and this is a big factor. >> it is hard to tell sometimes, the economy in the bay area is slowly recovering. more people who have jobs and get on board and ride it to work. >> it is more convenient. is and saves me money. i would rather take bar. , than drive -- bart than drive myself. cal tran reports a 13%

increase and muni has risen 7.5%. vta is up 3.7%. they are to fix a high number of escalators. there are 25 out of service. 12 of those are in and around downtown san francisco. it hopes to have the escalators fixed by the end of the month. the board of soup veer vice ors could vote to -- supervisors could elect to change the lease. the city would let the 49ers out of their lease in 2014. that's when they will play at a new stadium in santa clara. the newest baseball teams went like a dream. the san rafael pass suffolks had a field and there are no more -- pacific fives had a

field. >> it is 3-1. they meet at albert field tonight at 7:15. oakland as open their poring lot not for tailgate parties but to feed the hungry. >> you mean having a wonderful time. >> from the volunteers to the families in need. smile it is all around today. salvation army. feed the children and oakland as teamed up to feed them with care packages. another held a stack of cliff bars. they appreciate the help. >> we are able to get some food. that like 25 pounds for our family and it actually really helps out especially in the hard times. my mom had recently gotten laid off. >> one couple celebrated their 25th anniversary by working at the food giveaway. >> they invited residents to watch a spectacular event in the sky. venus will pass between the

earth and the sun just like that. >> nasa aims in mountain view and lake hamilton are all considered prime locations. you should check to see if it is still available. it will look like a dot crossing the sun. it won't happen again until 201. experts say he you shouldn't look directly at the sun. mostly sunny skies outside the door. good news if you plan on watching the venus event. this is a live look here. >> few fair weather clouds. it brought us a little bit of rain and off to the east. we are slightly warmer than we were yesterday for the afternoon. it will and few degrees warmer and below average. now, 61 in san francisco. 60 in oakland. and mid 60s in san jose. we are looking for wind around. and right now the winds are not

too bad. calm conditions in concord, westerly breeze at 9 miles an hour. eight in oakland, and we are looking at a pretty good breeze at sfo and anywhere from five to 10 miles an hour over the north fairfield reporting a northerly breeze at 7 miles per hour. they will be picking up and they already are in some cases. they are gusting to 30 miles an hour. and 28 reported at this time. not bad there. 10 to 15 in areas near napa and in san jose. and near mountain view. little breezy out there. it was chillier and we will continue with a brisk wind as well. satellite radar, the system is bringing little bit of moisture over california and parts of lake tahoe and pushes off to the east. we will have it set up for the next few days. >> we will have a modest warm

up and bring a bit after cool down from thursday into friday. >> no rain expected with the next system. >> little breezy in the afternoon. warmer and 60s around the bay and few low # 0s. and 72 in santa rosa and novato. and 64 expected in alameda. and walnut creek. pleasant ton. and san jose. and mid to upper 60s around the peninsula. >> and san bruno. 62 in the city. and a cool day by the coast and cool wind picking up by the afternoon. extended forecast notice. continues wednesday, thursday. slight dip on friday. then as we get into the weekend. low 80s in the forecast by sunday. >> so, yesterday, little rainy. >> little unusual. >> it is june. how does it look long term. >> we are looking pretty good.

we see temperatures a little cool this time of year and no rain in the forecast for the next seven to 10 days. >> got to love it. >> rosemary. thank you very much. >> it is time to ride for free on the new ferry route and from alameda to south san francisco. it is free and all next week, regular ferries will cost you $7 each way. will take 15 minutes to and from alameda and to and from oakland. >> government officials are calling this a major blow to al-qaida. they confirmed the death of number 2. there was a drone strike that killed. abu yahya al-libi. >> al-libi was up to number 2 after bin laden's death. we will give you more about the strike threat that will

face the area. facebook plans to make stock investors happy. it's all over! no! it's not over yet! sofas that can take anything life throws at them.

. looking at the stock market right now. dow jones is up 24-points and nasdaq also up. this after hand -- this afternoon, the stock market has a new high. no corporate reports of anything scheduled after the close of day today or tomorrow

morning. four out of five fast book of users never bought ads or comments on a site. it shows facebook needs to do much more to turn the 9 million users into a star base tore advertisers. >> 44% of facebook said they view it less favorably since it went public last month. a strike involving san jose hotel workers is in the second day. >> as we reported yesterday at noon. 250 workers walked off the job at the double tree hotel yesterday. they were in the middle of a four day strike. the hotel wants to freeze their salaries make them pay for healthcare. >> they voted in favor of a strike. 99% of workers voted yes to the strike. does not mean they will walk off the job needle.

>> this is asked -- job immediately. >> they will contribute more to their health insurance coverage. the union is united food and commercial workers. >> they will clean up three homeless encampments. this is a community of more than 100 people. city officials have start td clearing out the brush. city official it is say they are ready to help and provide housing to people so they are not forced to go back to encampments and return possessions to people who own them. >> people need to retrieve it lost belongings must go to where the housing consortium is. >> the number is posted on the screen. and it is on the web links section of the home page. channel 2 news at five. we are following the ruling tonight not to rehear proposition 8 case. what is next in the fight for

marriage equality. coming up. channel 2 news at five. >> thank you for trusting. we will see you the next time news breaks. we will hear from you always. and have a great day. [ male announcer ] what if we told you

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