>> thank you this is so much fun. watch vinny premiers may 2 on mtv and watch me on the people's court weekdays, check your local listings for showtimes. thank you anderson for letting us host. >> thank you, guys! [applause] [cheering]

[ people chanting ] we're men and we're women. it's marriage. >> arguments outside and inside as the u.s. supreme court takes up california's proposition 8 and the same sex marriage debate. good afternoon, i'm tori campbell. the oral arguments are over. the crowd is scattered but the big question remains -- what will the supreme court decide on proposition 8 -- california's prop 8? ktvu's chi la campbell joins us live from washington, d.c. with some of the comments from both sides today. >> reporter: tori, several justices on the supreme court questioned whether or not those who challenged prop 8 have the authority to do so. the court appears to be divided on same sex marriage and the justices do have the option of dismissing this case without making a ruling. while all this was going on inside the court, those of us outside got an earful from the crowd.

>> what do we want? >> equality. >> when do we want it? >> now. >> reporter: hundreds of supporters of gay marriage protested outside the supreme court. [ people chanting ] as justices heard oral arguments inside. one attorney told justices prop 8 is unconstitutional. >> it is not consistent with the ideals and the laws and the constitution of this country to take our gay and lesbian pros and sister -- brothers and sisters and put them in a class and deny them rights we give this everyone else. >> reporter: but attorneys for the other side say that the decision should be left up to voters. >> the place for the decision to be made regarding redefining marriage is with the people. not with the courts. >> reporter: jeff shed his support for gay marriage. >> it's consideration because same sex couples are just clearly treated unfairly. >> reporter: a parade of hundreds disagreed saying marriage can only be between a man and a woman.

the supreme court signaling today it might not make a ruling that would affect all 50 states and a decision is expected in late june. now the justices pointed out this morning that the concept of gay marriage is so new that it might need more time to be debated by voters. one justice said the concept of gay marriage is even newer than the internet and cell phones. live in washington, kyla campbell, ktvu channel 2 news. >> thank you. there has been a lot of emotion and opinions outside the supreme court where crowds of people began gathering days ago. we listened to what some in the crowd has to say this morning -- had to say this morning and most of the opinion we heard were in favor of same sex marriage rights. >> marriage is the most stabilizing force in our society. if all americans want to marry the person they love, and deserve to have the freedom to marry the person they love. >> we're men and we're women.

that's a marriage. that's a marriage. >> we've been married for five years and california has not dropped into the seed. nothing is happening in california. they called an experiment in the supreme court. we're not an experiment. we're a civil rights movement. >> on behalf of myself and my twin brother, i just want to say how incredibly proud we are of our participants. we love -- parents. we love them. we love our family. and we look forward to the day when we will be treated equally just like our neighbors' families. thank you. >> the nation's highest supreme court allowed the media to provide an audio feed of today's proceedings. they were released the morning only an hour after the proceeding was done. first up was attorney charles cooper who defended proposition 8. >> the concern is that redefining marriage as a genderless institution will sever its abiding connection to its historic traditional

procreative purposes and it will refocus the purpose of marriage. and the definition of marriage away from the raising of children. and to the emotional needs and desires of adults. of adult couples. >> with that said mr. cooper, suppose the state said because we think that the focus of marriage really should be on procreation, we're not going to give marriage licenses any more to any couple where both people are over the age of 55. would that be constitutional? >> no your honor it would not be constitutional. >> because that's the same state interest i would think you know? if you're other the age of 55 you don't help us serve the government's interest and regulate and procreation through marriage. >> there were much more spirited exchanges between the justices and attorney ted olson who spoke on behalf of those who support same sex marriage. olson cited other supreme court decisions that affected marriages.

>> you suggested that this is uncharted waters. it was uncharted waters when this court in 1967 in the loving decision said that inter- - prohibitions on interracial marriages which still existed in 16 states were unconstitutional. >> it was hundreds of years old and the common law countries. this was new to the united states. >> and what we have here is -- >> that's not accurate. >> i -- yeah i respectfully submit that we've -- we've learned to understand more about sexual orientation and what it means to individuals. i guess the lang wan that justice ginsberg used at the closing of the vmi case is a an important thing. a prime part of the history of our constitution is the story of the extension of constitutional rights to people once ignored or excluded. >> several justices raised doubts. the case should even be before them and justice anthony

kennedy suggested the court dismiss it with no ruling at all which could allow gail marriages to -- gay marriages to resume in california. and you can find a lot more of the audio recordings from the proposition 8 supreme court arguments on our website, ktvu.com. there are also transcripts to today's proceedings and tomorrow, the supreme court will be hearing the defense of marriage act. at the supreme court considers the arguments in the prop 8 case, public opinion appears to be leaning in favor of same sex marriage rights. a rhee cent poll finds that -- recent poll finds that 5 #% of americans -- 53% of americans think it should be legal for same sex couples to marry while 39% say it should not be legal. that's a big change from just one year ago, last may 51% of americans said it should not be legal for same sex can you remembers to marry -- couples to marry. we are expecting to see more rallies and vigils tomorrow by supporters of same sex marriage in san francisco at the court

building. last night the advocates marched to the san francisco city hall. >> what do we want? >> equality. >> when do we want it? >> now. >> many of the participants say they have been waiting years for marriage equality and they're eager for a ruling from the supreme court. again that's not expected to happen until june. several bay area cities are showing their support for the lbgt community and same sex marriage by flying a rainbow flag at city halls this week. this is berkeley city hall. san francisco, oakland, heyward, san leandro and alameda are also flying the rainbow flags this week. we have heard a lot from people who live in cities but what about the suburbs? new at noon sal castaneda joins us now live from walnut creek to let us know what people are saying there about the court says. >> reporter: tori some are watching the suburbs pretty closely as you might remember proposition 8 did better in the suburbs than it did in urban

areas. in walnut creek we found people on both sides of the issue. as the supreme court ponders whether to let proposition 8 stand. proponents of same sex marriage say acceptance has start today reach the suburbs. -- started to reach the suburbs. it was in those areas where it had the most support but some say that's changing. >> i hope so. i mean all the surveys and things that i've read. people are becoming more accepting. you know, i'm no different than you or me. i own a home. i have a pet. and i work. you know. so when people you know, there's a family member or a friend or a co-worker, i think people are more accepting. >> reporter: brenda lynn goodall got married during the brief period when gay marriage was legal. she said when president obama changed his stance on gay marriage it went a long way in winning people over. >> i think when he changed his mind, i think he was saying that you know i know friends

and family members that are lbgt and there's no reason why they shouldn't have the same rights as i do. >> reporter: but that argument hasn't convinced everyone. we spoke to people here in walnut creek who are against overturning proposition 8 but didn't want to go on camera. some wouldn't give us an opinion at all. still others were undecided. many said the same sex marriage debate could be more contentious away from urban areas in other parts of the country. >> in california i think we have an abundance of openly gay people so we're much more used to it. it's just normal for us. versus you know like maybe in another location people are not out of the closet quite yet. >> reporter: it's interesting both supporters and opponents of same sex marriage say a lot of the work needs to be done here in the suburbs with the debate is very contentious. live in walnut creek, sal castaneda, ktvu channel 2 news. >> thank you sal. stay with ktvu for continuing coverage. reporter david stevenson had a seat inside the courtroom for today's oral arts. he'll -- arguments. he'll be live this evening starting on ktvu channel 2 news

at 5:00. now some breaking news out of west oakland where a woman was shot and killed in broad daylight outside a market. police have not released many details but ktvu's alex savage is live on the scene where he's been working to piece together what happened. good afternoon alex. >> reporter: and good afternoon to you tori. this appears to have been a targeted killing, police tell me the shooter in the case walked up to the woman here on this street and shot her then got into a car and took off. and it did happen in the middle of daytime here with lots of people in the area and it happened right in front of the flammable where you can see there's still a -- family market where you can see there's still a crowd here right now. what the scene looked like a short time ago. neighbors were out here many of them in disbelief. it happened near 12th street and me real that. witnesses tell ktvu they heard at least ten shots. the woman who neighbors tell us was in her early 30s possibly late 20s was dead when police

got here. they aren't talking about motive may have been for the kilning but one woman -- killing but one woman knows the victim and can't make sense of what happened. >> i want you to give it to me. she got it. she a very good person. >> the people who did it are probably nearby. that's the tragedy of this. it's a vendetta for things that are not being respected. of people you know when they go under the bar, you -- sometimes you put under the ground. >> reporter: and theys are also telling us -- neighbors also telling us today the victim's brother was also killed several years ago on this same street. that's the information we have just learned in talking with neighbors in this area. now there's only a vague description that police have put out on the shooter they're looking for. he's black in his 20s and at the time was wearing a black jacket a -- black jacket and a gray beanie. a gold or silver sedan. you can see there are surveillance cameras on the outside of the family market. we have been told by police that homicide detectives are

checking that surveillance video trying the see if you can give them any clues as they track down the killer in the case. the man who walked up and shot the woman in broad daylight here today in what was oakland's 19th homicide of the year so far. we're live in oakland this afternoon, alex savage, ktvu channel 2 news. we're also following another homicide today in the bay area and a gruesome scene in the city of napa. at least a chance of some sprinkles for the bay area. rosemary is watching the radar and satellite and she's up in a few minutes with details. >> also the number of people homeless in the businesses impacted after a fire in alameda's well-known park street. ♪ i'm your venus [ female announcer ] what does beauty feel like?

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an important reminder for drivers crossing golden gate bridge starting tomorrow, do not stop. today is the last day there will be attendants at the toll booth on the bridge. starting tomorrow the toll will either be charged to the fast track account or you'll get a bill in the mail with no penalty. the golden gate bridge district says it knows some people still have questions about the new system but wants to stress that drivers not stop at the toll booths starting tomorrow. police in san jose are investigating a fatal accident just after 2:00 this morning,

police found a gravely injured man behind the wheel of a totaled car on the sidewalk near southbound monterey road and kurt near avenue. the car crashed through two trees and a light pole. the man died a short time later and southbound monterey road was blocked for hours as officers investigated. a homicide investigation is underway in napa after a gruesome discovery was made this morning on a highway overcrossing. firefighters and police received several calls just before 4:00 a.m. about a burning object on highway 29 on a pedestrian overpass near industrial way. when firefighters arrived, they found a man's body totally engulfed in flames. he was pronounced dead at the scene. no one reported seeing how the man was set on fire. right now police are investigating his death as a homicide. >> we're not sure if it's a homicide or suicide and we're treating it as the homicide and then less information or evidence suggests otherwise. >> the man's identity is

unknown and investigators are trying to determine if he was a transient from a nearby homeless encampment. we have new information this noontime in a destructive two alarm fire in alameda. it is a story we reported to you live on mornings on 2. crews responds about 2:30 a.m. to a six unit building on park street and san jose avenue. firefighters just told us a few minutes ago that fire started on the third floor in an apartment unit. the cause remains under investigation and the ground level houses a pair of businesses. >> well it's pretty hard considering i've only owned the businesses eight and a half months. this was kinds of my dream job. this was my dream job. i got out of co.. but things happen for a reason and i'm not going to get down on this. >> we're told the fire caused $1 million? damage and it crook -- in damage and it took crews about four hours to knock out the fire and everyone got out safely. in san jose, it happened

about midnight on landis avenue. no one was hurt but a pregnant woman was taken to the hospital as a precaution. firefighters say two units in the four-plex were moderately damaged. the fire is still being investigated but firefighters say it appears to be accidental. after years of waiting, the devil slide tunnels on highway 1 are now open. the twin bores opened to traffic early this morning. bypassing a dangerous area prone to being closed by rock slides during the rainy season. the 4200-foot tunnels are officially called the tom lantos tunnel in honor of the late pennsylvania lawmakers who years ago started to push for their construction. the drivers were happy the long wait was over. >> it'd be cool to be able to still have the access to the highway as well. i think they're going tope it up as a park. >> it's a cool little energy on both sides of the hill. i grew up and now live in pacifica and i own a business in monoerer is. i commute back and forth all the time. so i couldn't be more excited.

>> devil's slide veterans said when the road was closed as it often was the detour could turn an eight minute drive into an hour. a $1.2 billion earthquake safety project is scheduled to begin after 10:00 p.m. tonight on b.a.r.t.'s transbay 2. riders can expect delays of up to 20 minutes tonight as well as wednesday and thursday nights. steel plates weighing four tons each will be hoisted into place inside the tube where reinforcement is needed. the strengthening work on the transbay 2 will continue on the same nights tuesday, wednesday and thursday nights for the next 14 months. a quiet fairly nice day shaping up around the bay area. temperatures at this hour slightly warmer than what we had yesterday at this time. and a live look there at high clouds overhead. woke up with low clouds. even a few sprinkles reported in the area. but at this point, we're

relatively mild and dry for your tuesday afternoon. 58 degrees right now in oakland. 64 walnut creek. mid 50s nevada, santa rosa. san jose checking in right about 59 degrees. backing it up here, watching a few weak systems right through the pacific. and as it does, bringing the clouds, bringing damp conditions at times but for most of us, we're not feeling it just yet. we have another weak system. this will bring us more clouds for tomorrow. maybe an outside chance at a few sprinkles. that will really be about it. on thursday, though, we will get a better chance. this system here near the aleutian islands actually going to bring us a little bit of rain on thursday. and we'll keep the rain going into easter weekend. let me show you what happens here. picking it up at this hour, so we are in-between with sun and clouds for your afternoon today. tomorrow morning, we wake up mostly cloudy and low clouds, high clouds. and as we move through wednesday, pretty uneventful. we're now into thursday morning. there's the system now moving in a little bit closer.

bringing some rain. could have a little bit of drizzle as we start thursday morning. scattered showers in the forecast for the afternoon. you can see just sort of hit or miss showers remaining over the west coast. and that is what we see for your thursday. so thursday going to be the very first day where we actually get a real chance at scattered showers between now ask then, high clouds relatively mild weather. and maybe an outside sprinkle the early morning hours we may see that happen for tomorrow. with mostly dry conditions for your wednesday. 60 degrees for berkeley today. 59 in san francisco. 64 for nevada. low 60s heyward and mid 60s for concord into the santa clara valley. 63 for you san jose. 63 for morgan hill. the extended forecast partly cloudy today. temperatures budge very little today. tomorrow a mix of sun and clouds. a few showers in the forecast for thursday. friday at this point looks mainly dry. but that system what we call a cutoff low is going to linger for the next several days and actually bring the best chance

at some rain for our area saturday and sunday. which means the easter bunny is going to be a soggy one. >> little wet huh? need a little umbrella or something. all right thank you. the reasons why stocks are soaring today on wall street. >> and some local officials are speaking up hoping to put more pressure on congress about an international issue.

stocks are higher today putting the s&p 500 back within

striking disstance of its all -- distance of its all time high. as strong data on home prices showed an economy that's improving although slowly. netflix stock is up over 6% after some positive comments from an analyst taking a live look at the big board. the dow up 102. nasdaq up 12 and s&p up 10. lawmakers, immigrant workers and members of various faith based organizations gathered this morning to show support for immigration reform. the groups including oakland mayor jean yawn met in oakland to detail why the pass only of comprehensive -- pathage of comprehensive immigration reform is important to the community as a whole. there are currently 500,000 residents living in alameda county who were born outside the united states. an estimated 124,000 are undocumented. four buildings in san jose are about to become more energy efficient. the students from uc davis and san francisco state university

are spending some of their spring break upgrading the homes to save on energy costs. here at the heritage home shelter the students replaced incandescent lightbulbs with compact flouriest penalty lightbulbs. -- fluorescent lightbulbs. they are teaching younger kids about energy efficiency also. tonight on ktvu channel 2 news at 5:00, we are going in- depth on what transpired today at the supreme court. ktvu's david stevenson was in the court this morning and he'll tell us about a sharp exchange between the lawyers and one of the justices. plus, we'll take you live to a big vigil planned for san francisco. >> thank you for trusting ktvu channel 2 news, we'll see you the next time news breaks and we're always here for you on ktvu.com and mobile ktvu.com. have a great day. [ captions by: caption colorado, llc 800-775-7838 email: comments@captioncolorado.com ]