california's ban on same sex marriage is likely headed to the supreme court now that an appeals court found it supreme court now that an appeals court found it unconstitutional. captioning funded by cbs the "cbs morning news" for wednesday, february 8, 2012. >>> good morning everybody. thanks for joining us. i'm betty nguyen. the race for the republican nomination has taken another unexpected turn. this time, it was rick santorum who struck a blow to mitt romney's campaign with a sweep of all three nominating contests yesterday. santorum was the winner in colorado, minnesota and missouri. his first wins since eeking out a victory in iowa. susan mcginnis is in washington with details on this. good morning. >> reporter: good morning betty. we know one thing for sure. the race for the gop nomination is not over yet. this triple win for rick santorum reenergizes his campaign and it's a wakeup call to mitt romney. rick santorum's campaign is roaring back to life following a stunning three-state sweep. >> wow. >> the former pennsylvania senator scored double digit victories in minnesota and

all of which brings us to today when the court of appeals agreed with judge walker's decision. you can go to ktvu.com to read the court ruling in full. it's right under the bay area newscast. getting a rare firsthand look at a fire from the perspective of a firefighter. the two alarm fire in inuncorporated almeda county forced a dozen people from their homes. one woman lowered her child -- the video also shows the thick smoke inside. firefighters found three more children on the second floor and brought them to safety. flames broke out after 7:00 a.m. at a complex on mar solace street at 159th avenue. crews say a mattress too close to space heater may have sparked the fire. caused a lot of damage to union city taco bell restaurant. it broke out around 3:45 this morning. no one was inside the building at the time. fire crews say the fire may have started in an attic space above the kitchen. -- no one was hurt. nearly 7 years $200 million worth of wine a bay area businessman was sentenced for the arson today. 62-year-old mark anderson was sentenced to 27-years in prison for sett

[cheers and applause ] >>> excitement outside the courthouse after a federal appeals court ruled that california's ban on same-sex marriage is unconstitutional. that is one of the top stories. good afternoon. i'm tori campbell. after months of waiting, the proposition 8 ruling was handed down two hours ago by the ninth circuit court of appeals. the 2-1 ruling declared the ban is unconstitutional. new at noon, tara .moriarty joins us with reaction and what's next. >> reporter: you can get there will be a lot of celebration in the capital. there is a rally scheduled for 5:00 tonight, and a press conference just wrapped up to let gay couples whn they might officially be able to tie the knot. >> what do we want? marriage equality. >> reporter: the front steps on the federal courthouse, gay marriage supporters anxiously awaited the court's decision. then minutes before 10:00 tears of jubilation and relief. >> it's wonderful to see it in our lifetime, and it's wonderful to be part of the generation that helps to turn the light on for everybody. >> reporter: in a 2-1 ruling, the panel of the

. >>> federal appeals court is expected to rule on whether the videotape of the historic prop 8 gay marriage trial should be released. >>> stomach flu outbreak forcing officials at a san francisco high school to cancel classes until monday the virus has made at least 350 students sick teachers as well. >>> good morning february 2nd. it is going to be a very spring-like day. a little fog for the morning commute. >>> rainbow there. live shot of the bay bridge roadwork scheduled heading to the bay bridge i'll have details should be there until 5:00 this morning. >>> good morning. 4:30. thank you for joining us. we were trying to show you the live picture from pennsylvania where punxsutawney phil that famous groundhog prognosticator has made his ruling. we'll have six more weeks of winter. i think mike shouldway in. >> this is groundhog day. this is groundhog day. i'm eric thomas. this morning cal osha is investigating how a man got trapped in a trend. for more than three hours last night. rescuers pulled him out alive. alan wang reports. >> reporter: after more than three hours of constant digg

comprehensive district court opinion holding proposition 8 as unconstitutional and a ninth circuit court of appeals decision holding it unconstitutional. it is time to allow people to get married in california. >> ifill: would that create any chaos at all? if the court were to reverse itself again? >> well, remember, you had people getting married before proposition 8 took place. that didn't create any chaos. there's no reason that people ought to be deprived of their constitutional rights now that those rights have been affirmed by the court of appeals. it's not going to create any chaos. >> the reason would be the right of the people to decide for themselves a very fundamental policy question about whether we're going to continue to have an institution of marriage that is rooted in biology with a purpose of procreation as it always has been or whether we're going to allow the courts to mandate a dramatic alteration of that institution wh tentlly vastating consequences to society. it's the right of the voters of the people of the state of california to have their judgment about the basic policy qu

a federal appeals court has struck down proposition 8. is unconstitutional, the court said. voters approve that measure in 2008. supporters are growing to challenge the decision. >> and alexandria mother has a heart attack at 38 and she went looking for answers. she decided to use social media and thanks to her, a nationwide study is underway. she is about to be honored with a national award for her fight. we have her amazing story. >> a mother of two young boys is in good company. she is being honored by "woman's day" and dr. oz. first the unbelievable happened to her and she could not find out why. >> you think this is the lan. >> she was 38 years old when she feared her life might be over. it happened six weeks after giving birth to her second son. >> it was that central test came in here about. arm numbness on both sides. >> doctors told her they might -- it might be as an center home. >> they were confident it was not my heart. and it was. you are right, it was so close. >> her husband raised her back to the art. she was and had been

in the end those -- finally the appeals court, it did get to the appeals court. iny simply said look, you're the legal road. it is reasonable, the court said for the city of london corp. and local government to clear this area for the good of the general public. that is what is happening. i think for most of the protesters, they seem to be -- i would not say relaxed but resigned that that is what is happening. the notable exception of that small group which is still barricaded in a makeshift structure which you can see, i think you can see through the line of police officers there. >> we're seeing the the last few hours of this london occupy site. the thames -- tents were in place october 15. this is a campaign that has drawn in the church over there, conditional on this campaign. exclaimed -- i supposed the protestors would consider this to be a success or development. >> they will regard the overall campaign to be a successful one. it has brought attention to the things they wanted to bring attention to. it has a lot of coverage. it has had a lot of coverage in

which court will the losing side take its appeal to now? > next step remains in the 9th circuit court. the next step is a review the parties will argue again in front of an 11 judge panel those 11 judges randomly chosen from the 28 or so in the 9th circuit. >> dean, what does this mean for everybody waiting to get married the same-sex couples? >> things stay the same at least for the next 21 days because the injunction will stay in effect. after that, it is anybody's guess. >> do you have a timeframe on how long this will take? >> if the decision is going to be celebrated by one side or the other look for around valentine's day 2013 when the supreme court comes down with its decision. >> dean johnson, thank you. >>> governor brown applauded the ruling. he released this statement: the core has rendered a powerful affirmation of the right of same-sex couples to marry i applaud the wisdom and courage of this decision. former san francisco mayor and current lt. governor gavin newson saying, we won. many credit him for starting the legal battle i

flight watch list this is all thanks to an appeal court ruling appeal court ruling in her favor on wednesday now in two thousand and five while trying to fly to san francisco international airport to a stanford sponsored conference in malaysia to present a research paper she was handcuffed and detained for two hours by airport authorities during that time they called everybody from the local police to the department of homeland security to try to get more information and she was eventually allowed to leave with zero explanation but was last too late to present her work so she was also not let back into the country as her visa had been revoked so it would have submitted the form of the t.s.a. to have her name removed from the list so they obliged but they never confirmed that she had originally been on it but she wasn't on there so then she sued the t.s.a. and came up with nothing she then sued the f.b.i. much of that case was thrown out and a court of appeals from the ninth circuit revived the case in two thousand and eight it was quite a long journey but the d.o.j. has argued that by volunt

which court will the losing side take its appeal to now? > next step remains in the 9th circuit court. the next step is a review the parties will argue again in front of an 11 judge panel those 11 judges randomly chosen from the 28 or so in the 9th circuit. >> dean, what does this mean for everybody waiting to get married the same-sex couples? >> things stay the same at least for the next 21 days because the injunction will stay in effect. after that, it is anybody's guess. >> do you have a timeframe on how long this will take? >> if the decision is going to be celebrated by one side or the other look for around valentine's day 2013 when the supreme court comes down with its decision. >> dean johnson, thank you. >>> governor brown applauded the ruling. he released this statement: the core has rendered a powerful affirmation of the right of same-sex couples to marry i applaud the wisdom and courage of this decision. former san francisco mayor and current lt. governor gavin newson saying, we won. many credit him for starting the legal battle i

came out after a full debate said prop 8 makes sense. >> same-sex opponents say the 9th district appeals court in san francisco has its decisions overturned by the u.s. supreme court more often than other judicial circuits. they have two weeks to file an appeal. >>> washington is based to -- is poised to to become the 7th state to recognize same-sex marriages. the washington state senate approved the measure last week. government nor says she will sign it into law. >>> rick santorum's campaign is getting a big boost after winning in three states last night in missouri he beat out mitt romney with 55% of the vote. he won minnesota with 45% and 40% in colorado to romney's 35%. the victories are the first for santorum since his narrow win in iowa. they only carry bragging rights they do not award delegates that may be why newt gingrich barely stumped in those three states. >>> a sheriff will be back in court. we are talking about ross mirkarimi. amy hollyfield live at civic center plaza with more itch >> reporter: this will be his second time -- time in family court friday when he was here ross m

in any event, chuck, back to the headline here, a federal court of appeals has agreed with the lower ion 8 unconstitutional, that was the ballot proposition passed by voters in 2008, that said marriage in california can exist only between a man and woman and that has now been declared unconstitutional. now they have a choice, they can go to the full ninth circuit court of appeals and try to get the supreme court to take the case. we will hear from them in a while to see what they will do. my guess is they will try for the ninth circuit and try to get more judges on the federal ninth

as he slammed yesterday's appeals court ruling in favor of same-sex marriage. getting back to mitt romney now, reporters asked him how he lost colorado last night, a state in which he won in 2008. romney says he didn't focus enough attention and money on colorado. >>> okay. so we asked you moments ago to weigh in on the santorum candidacy. we asked you, should he win the republican nomination for president? here's what you had to say. more than 50% of you, you can see it right there, said, yes, rick santorum should win the republican nomination. so with that said, let's bring in nbc bay area political analyst larry gerston. you saw what our viewers had to say. what do you make of that? >> this is what you call a bounce. a bounce from a very successful night. to we really think that 50% of all californian s normally woul say this? probably not. when rick santorum wins not one, not two, but three, jessica, out of the blue seemingly given all the money mitt romney have, people do a turn about, holy smokes, what do we have here? yeah, maybe the guy needs a shot. it

[ screaming ] >> a federal appeals court panel struck down california's ban on same-sex marriage as unconstitutionalkers of the ban are vowing to take their fight all the way to the u.s. supreme court. don knapp on the fight that's far from over and the legal hurdles prop 8 supporters face going forward. don. >> reporter: allen, it is of course the decision that same- sex couples wanted but no one thinks this is the end of the road. still, a victory is a victory and they are celebrating. there was a news conference that wrapped up within the hour. >> it's an amazing time for us as we progress and imagine ourselves with the same rights as other people. >> we can

appeal. it's likely it could go to the u.s. supreme court. >> thank you. >>> president obama today sent congress a new budget which calls for both government spending cuts and increases. speaking to students at a community college in virginia, the president says his budget plan would reduce the budget by $4 trillion over the next ten years. as he has in the past he's preppies opposing to eliminate bush era tax deductions for the wealthy. it would also put in place a rule named for billionaire warren buffet. it would insure to make sure house holes making $1 million annually pay 30% of their income. their budget proposals are necessary to keep the economic recovery moving. >> but the main idea in the budget is this, at a time when our economy is growing and creating jobs at a faster clip, we've got to do everything in our power to keep this recovery on track. >> republican leaders today are already rejecting the president's budget proposal. they say increasing taxes on the wealthy punishes job creators and spending cuts are inadequate. presid

ruled prop 8 was unconstitutional. >> that was ellen degeneres celebrating yesterday's appeals courtcontroversial prop 8. the supreme court is expected to affirm that decision finding the denial of marriage equality to gays and lesbians violates the u.s. constitution. one of the attorneys, ted olson, who represented george w. bush in bush vs. gore, spoke about that decision with rachel maddow last night. >> people have the right to get married, which is a fundamental right in this country. you cannot take it away from those individuals without violating the constitution. >> joining he this morning are jeff cirillo and tom, two of the plaintiffs in the original case that kicked off the debate. it's nice to see you this morning. >> hi, thomas. how are you? >> thanks for having us. >> absolutely. jeff, i want to start with the argument of liberty. even some conservatives saying at the heart of this very debate is personal tree dfreedom. have you spoken to anyone who has changed their opinions about this or have people in your own circles knowing what you've gone through stood firm in ho

.//// 3 a federal appeals court ruling... appeals. today's ruling upholds a lower court's decision made in 2010 ...which said the ban -- knownnas gays and lesbians.griffin sot: "how we are born and who we choose to love should not be a basis for discrimmnation in the same digniiy and reepect, the same freedom to love and family." people in california passed "proposition 8" with 52 &ppercent of the vote in 2008.. just about five montts after phe state supreme court legalized same-sex marriage. "proposition 8" supporters say... they will now consider appealing to a álargerá panel of the court... and thennthe u-s supreme court. if such an appeel is filed... same-sex marriage will remain on hold until it's resolved.may sot: "we've always seen this as kind of a stepping stone to the supreme court where it overwhelmingly supported the - only institution that unites kids with their moms and dads " ((on cam tag)) during the period when same-sex marriage was legal in california in 2008... abouu 18-thousand couples married. their unions

the federal court of appeals agreed to stay the ruling pepding appeal. diana alvear, abc news, los angeles. >>> the son of new york city's police chief will not be charged on a rape claim. last month, a woman reported she met kelly for drinks in october and he then sexually assaulted her. they decided no criminal charges are appropriate. >>> a soul train will be rolling through chi town tonight as the city remembers don cornelius. his legacy will be celebrated at the museum of broadcast communications in his hone town of chicago. >> i've been there to that museum. very cool. >>> time for the weather across the nation. cooler on the east coast. rain and snow showers in new york and washington, d.c. thunderstorms and heavy downpours in florida. up to an inch of rain in south texas. morning showers in california, los angeles, palm springs and san diego, a few sprinkles in the pacific northwest. >>> 44 in salt lake city. 20s from fargo to omaha. 44 here in new york. near 60 in atlanta. and 81 in miami. >>> coming up, new details in the story of josh powell.

the ninth circuit is one of the more liberal courts of appeal in the country. there are conservatives, so going for the full ninth circuit may make sense for the backers of prop eight. but it was a mix on this decision. >> if you believe there's more that you feel we need to share, let us know. i assume you are happy about this decision, but, it was, it appears to be it's a narrow decision, it's a california decision, not necessarily having to do with same-sex marriage as a whole. >> i think pete's quick analysis is the way we would see it. it's a day, right now a moment of excitement for members of our community because it community, because it affirming that same-sex couples have the right to marry who they love and are protected. even in the most narrow of rulings what this case and court would have found is that government has no role in discriminating against gays and lesbians according to their sexual orientation, so it propels this issue forward in a positive way. whether it be to you know, a larger panel at this next court or eventually it would go to t

. >>> also, in 5 1/2 hours a federal appeals court will issue its decision over the legality of prop 8, the law banning same-sex marriage in california. >>> community activists denouncing violence at occupy oakland protests. they say the original movement has been hijacked. >>> good morning 4:30 on this rainy tuesday morning thanks for joining us i'm eric thomas. >> i saw wet pavement. >> a little pooling. >>> good morning. usual spots, you saw the big one coming into the bay bridge there that's the usual flooded spot. ponding on roads as we expected because nobody is driving keeping it thinned out. north bay [ unintelligible ] where we see some of the heavier radar returns now. we have light rain light to moderate from san ramon dublin livermore pleasanton san leandro castro valley and hayward fastest winds south bay 20 to 22 miles per hour next batch of light rain to head up towards san francisco wet during the morning commute. >>> good morning. i wanted to start off with a live shot of the bay bridge toll where we see some of that ponding which mike and eric encountered on the way

a year later 1997 the ninth circuit court of appeals upheld the measure as constitutional after a legal challenge from opponents. in 2003 in a completely different case the u.s. supreme court declared it was okay for law schools to consider race and admissions. in light of that supreme court ruling in the last ten years and new data on uc admissions, opponents of 209 have renewed their challenge to the measure again and that legal challenge starts later this morning. from here the rally, the group plans to go over to san francisco for the start of the case. live in uc berkeley, ktvu channel 2 news. >>> thanks. it's 7:07. just about an hour from now president obama will talk about his new budget for 2013 in an appearance at a community college in northern virginia. this is new video of the president's budget being delivered to congress this morning. the budget includes $4 trillion of deficit reduction as well as higher spending on transportation and education. coming up at 7:15, the part of the president's budget that republicans are already vowing to fight. >>> and president obama will

by the ninth circuit court of appeals upheld a lower court ruling that proposition 8 violates civil rights but that legal fight is far from over. coming up in just a few minutes, we'll have a live report on what that ruling means and what is next. >>> in the meantime, those are people reacting to the ruling. in the meantime, though, state leaders were quick to react to the ruling, as well. governor brown issued this statement praising it as, quote, a powerful affirmation of the right of same-sex couples to marry. he said i applause the wisdom and courage of this decision. gavin newsom called it a victory for american principals of equality saying there is no state power or law that can claim one type of love is more deserving of status or benefits than another. >>> a federal agent is in critical condition right now after being shot in newark this morning. he was off duty when a confrontation happened outside. gil diaz is in newark where a press conference just wrapped up. he has the latest. >> reporter: hi, frank. good afternoon. the police won't reveal the agency's name or which ag

still on the loose and it is still not clear what led up to the killing. >>> and along awaited appeals court set to be announced at 10:00 this morning. tara moriarty is live outside the courthouse and both sides are nervous waiting for this decision, tara? >> we will hear about the court's hearing and we will hear about possible conflict of interest of the judge presiding over the case who later revealed he had been in a long- term relationship with a man. yesterday we spoke to the couple who became the face of same sex marriages challenging proposition 8 the voter initiation of that ban on same sex marriage the judge ruled the proposition 8 was unconstitutional and they appeared for the 13 day trial and they say they are anxious but confident about today's ruling. >> we want marriage just like everybody else wants marriage and we don't want anything less than that. we want what is important to us. it's what society holds in the highest regard and that's what we want for ourselves. >> they have the option of looking at the courts and that means you can hear wedding bells for gay couples and

right now there is a stay in place from the ninth circuit court of appeals. we will have to wait in see what happens. the other side has the opportunity to seek a hearing or to try and competition for the u.s. supreme court. for now, the state stays in place and we will take it one step at a time and to monitor as the legal proceedings developed. i will be in close contact with the mayor if that should change. he has assured me that the city mechanisms and machinery stand ready to do whatever it can to expedite marriages in the event that it was to be something that we could do. right now, we are taking it one step at a time. [inaudible] >> i have instructed the county clerk to immediately communicate with all of the county clerk's across the state to make sure we are using the same forms. we want the dignity to be reflected in every jurisdiction of this state when the decision is handed down. and that has also been the wonderful part of it. we treated everyone with a the same dignity, that is what people wanted. >> [inaudible] >> the earliest that they could

the federal appeals court announced today that it plans to release the long-awaited ruling tomorrow, by 10:00 a.m. and the appeals court is reviewing a federal judge's 2010 ruling that struck down prop 8 which voters approved four years ago to restore state's gay marriage ban. , the homeless may get some help in sant clare county. the board of supervisors there is expected to fund a $1.2 million program for subsidized housing. that would help about 100 people who have been on the streets for more than a year, who have disabling or physical or mental conditions. a one-year pilot program would begin in april. >>> and in san francisco, students at saint ignatius college preparatory have finally gotten back to school. a stomach virus left the kids vomiting in rest rooms and trash can, a lot of the teachers got sick, too. the problem began tuesday and became so widespread, the school had to shut down for the rest of the week. but it is open now. >>> and tomorrow, the san francisco board of supervisors could pass legislation to charge customers for shopping bags. it is very similar to the

they are going to gother here, heading to the ninth circuit court of appeals scheduled to hear arguments on overtuning prop 209. it was passed in 1996, it has been challenged but students and advocacy groups giving it another go. they feel that the civil rights of certain minority groups are violated because they represent about half of the high school graduates but only a fraction of uc admissions. 209 will be defended by the american civil rights institute that argue that all applicants should be treated the same regardless of race or gender. reporting live, christie smith, back to you. >> thank you for that. some concord high school students will protest bathroom restrictions. students at mt. diablo upset. there are five toilets for the girls and two for the boys along with the urinals. even though there are 1400 total students. california law requires more facilities. >> some people go in the bathrooms and smoke weed or do inappropriate stuff. it's unfair for the people who have to use them. >> what do you do? >>ee personally i just wait till after school. i can go to mcdonald's or s