the ruling concerns california's proposition 8, which bans same-sex marriage. voters approved prop 8 five months after the state supreme court legalized same-sex marriage. one legal expert says he has no doubt prop 8 will be thrown out. >> i would be very surprised, based upon what i saw of the trial and based upon what i saw of the interaction of judge walker, particularly in the closing arguments of the lawyers, if judge walker did not say that it's a violation of the 14th amendment equal protection to not allow gay people to marry. >> regardless of the ruling, the decision will be appealed, possibly as high as the supreme court. >>> a new york city buildings commission has cleared the way for an islamic community center and mosque to be not two blocks from ground zero. the commission voted tuesday to allow an existing building to be torn down to make way for the center. opponents say the mosque disrespects the victims of 9/11. one group says it plans to challenge the decision in court today. >>> in china, there's been another deadly attack against young scho

california voters passed proposition 8 in november 2008 overturning that court ruling. d that is the vote that led to the federal trial on california's same sex marriage ban. please stay with abc 7 news for continuing coveragetivity proposition 8 ruling. the ruling is expected between 1:00 and 3:00 this afternoon. we will carry is live at abc 7 and abc7news.com. several rallies will be going on today after the judge's ruling. you heard that in heather's report. for a list of times and locations around the bay area, go to our website. look under "see it on tv." >> let's move to other news. intel will change some of its business practices as part of a settlement of a federal anti-trust lawsuit. the deal ends what analysts say was harshest legal action intel has faced during a decade of disputes. the government accused the semiconductor giant as bullying computer makers to protect its dominance. it agreed not to pay computer makers for avoiding rifle chips or retaliating when they do. they maintain it wasn't doing those things anyway. >> president obama saying the operation

but they banded together to take on california's proposition eight. gloria spent some time with both of them. for her reporting at cnn. why do they take this case on now? and why this case? >> those are questions that lots of people were asking at the start of this. including lots of gay groups. because they were saying, ok, you have this conservative legal icon, ted olsen. teaming -- gwen: former solicitor general. >> teaming up with in democrat, david boies, to take on proposition eight. and it's something that the issue of gay marriage has not been successful at the state level if you're for gay marriage. more than 40 states are on the record opposing it. only a handful of states support it. and there were a lot of gay activists saying wo. why are you rushing this? why not let this work its way flew the states? this could really be a problem for us if we lose, it will set us back. that's exactly the point i raised with these two superlawyers. and they said to me, look, we see this as a clear sism rights issue. they saw proposition eight as a violat

protests and marches led up to judge vaughn walker's landmark ruling this afternoon, that california's propositionanning gay marriage is unconstitutional. judge walker wrote: california's highest court legalized same-sex marriage in may 2008, and about 18,000 same- sex couples promptly tied the knot. >> i now pronounce you married under the laws of the state of california. >> reporter: but by november, outraged californians overturned gay marriage by voting in the proposition 8 ban. >> it will never be right! >> reporter: that led these two couples and the city of san francisco to file suit. >> this is a victory for the american people, it's a victory for our justice system. >> reporter: today in san francisco, they were exuberant over judge walker's ruling. >> this decision says that we are americans, too. we, too, should be treated equally. our family is just as loving, just as real, and just as valid as everyone else's. >> reporter: proposition 8 supporters promise a continued battle. >> marriage unites a man and a woman with each other and any children that come from the relationship. that's w

proposition 19 to pass. >> it is a real issue. the answer is, i do not know. i'm absolutely convinced that, if we, in california, passed proposition 19, which i devoutly hope we do -- the >> administration is facing an election in two years -- you may have noticed. they are not going to thumb their noses at the voters of california. just like the obama administration' honored the concept of federalism and state rights -- allow each state to decide how best to serve its people -- they did that with regard to medical marijuana. they said, through attorney general eric holder, in a memorandum to all u.s. attorneys -- as long as people are in compliance with state and local laws on medical marijuana, we're not going to interfere. i applaud that enormously. that is exactly what they should have done. i am convinced they will do the same thing with regard to prop 19. they will probably come out and say, this is silly, you were duped, if you were misled, but we will let you do it. it is going to work. it is not going to be wonderful, but it will be less harmful. it will start to work and bring normalcy back. mexican d

sponsors of california proposition 8 try to take their fight to the next level. >> i'm diane dwyer. >> and i'm things. a federal judge says his stay that blocked gay marriage is lifted but not until next week and a lot can happen by then. tonight, lawyers defending proposition 8 asked the ninth circuit court of appeals for a new stay to prevent any gay marriages until the court considers just vaughn walker's ruling that struck down the ban. gay couples who were hoping this would be their wedding day are now waiting until 5 on:01:00 p.m. next wednesday, august 18th. that's when the ban will be lifted if a new stay is not granted. but there is a critical question tonight. does the defense of marriage side have the legal standing to ask for a stay? both sides found something to like and dislike in the developments. jean elle is in san francisco tonight where a lot of couples were left standing at the altar once again. >> reporter: people her in the castro remain hopeful tonight. same-sex couples and businesses are planning for wedding celebrations next week and the constitutional law exp

closer to the equality we absolutely deserve. >> reporter: on wednesday judge vaughn walker proposition 8, california's voter approved ban on same-sex marriage, is unconstitutional. in his 136-page ruling he struck down every argument for the ban saying, quote, proposition 8 fails to advance any racial basis if singling out gay men and lesbians. >> this decision says we are americans, too. we, too, should be treated equally. >> reporter: but same-sex couples won't be able to mary immediately in california. judge walker put a temporary hold on his ruling until at least friday after supporters of the ban filed an appeal. many believe the case will eventually end up at the u.s. supreme court, a ruling here could decide the issue of same-sex marriage across the country. california passed proposition 8 with 52 % of the vote back in 2008. >> it's pretty upsetting to me to see that one electedy is is able to just trample on my rights as a voter. >> reporter: they argue the ban is necessary to ban what they call the traditional notion of marriage. >> marriage unites a man with and a woman and each other and an

federal judge who overturned proposition 8 expected to release a decision on same-sex marriage this morning. he will determine whether gay marriages can resume in californiahile prop 8 supporters appeal his ruling. proposition 8 the voter- approved measure that limits marriage to male-female couples. >>> santa clara's planning commission has given the go- ahead to build a 63-foot-tall minaret at a mosque on scott boulevard. that tower was already approved. but a nearby business owner appealed the decision saying it doesn't fit in with the neighborhood. the commission turned down that appeal last night. >>> and bart officials have good news. they have announced another surplus. the agency says they have ended last year's budget year with $4 million left over. 9th comes after the state handed out $4.5 million in transit assistance last month. bart officials say it will take them, though, another couple of weeks to decide just mao to spend the 8 .5 million dollars. >>> starting next year, aluminum baseball bats will have to meet new safety standards at high schools across california. the move comes after an 18-year- old pitcher from marin county suffered a m

california. federal judge vaughn walker overturning proposition 8 last week. that is the voter-approved measure that limits marriage to male-female couples. he said marriages can start next wednesday unless a higher court intervenes. >> it's just this dream that's just a little bit out of reach and for a moment i felt like i was equal. i felt like a real american and i just -- there's just this roadblock there's there and it's so frustrating. >> meanwhile proposition 8 supporters expressed their own frustration at the judge's ruling last week, which declared the measure unconstitutional. >> 7 million of them voted on this constitutional amendment to support prop 8 and one unelected judge just trampled on their civil rights. >> because the judge is a homosexual, so he couldn't really do any other ruling. and the moment prop 8 passed, that was what he planned to do anyway. >> the sponsors of proposition 8 promptly filed a motion with the ninth circuit court of appeals. they want the stay on same-sex marriages to continue as the appeals go through the court syste

. >>> well, a federal judge is ready to announce his ruling on whether california's proposition 8 bann gay marriage is constitutional. what that decision could mean. >> reporter: trains are running normal after an evening of headaches. we will have the latest on that coming up. >> good morning, northbound 280 traffic moving well in san jose. we will tell you more about the morning commute coming up. ♪ welcome to ultimate rewards from chase. no blackouts, no restrictions on airfare and hotels, no limits to what you can get with ultimate rewards. no wonder it's called ultimate. available on chase credit, debit, and business cards. chase what matters. >>> well, good morning to you, welcome back. this is the ktvu channel 2 morning news, the middle of the week, wednesday, august the 4th, i am dave clark. >> good morning. i am cloud dean wong, pam cook has the day off, time now is 5:29. let's get a check of your weather and traffic. here is steve. >> hello, temperatures 60s for almost everyone long the coast. inland 70s, but areas 80s and threes yesterday, not today. there is see breeze tha

giving supporters of california proposition eight same-sex marriage ban enough time to appeal to the ninth circuit court. >> i voted on proposition eight and now that vote didn't even count. i don't even know why i go vote if a judge making that decision for me. >> reporter: that decision is widely expected to end up in the supreme court. city officials and legal analysts differ on whether the ninth circuit will side with supporters. >> do they have a standing to side with the appeals. they said they wouldn't suffer any injuries by the marriages going forward. >> i think it will facilitate a full hearing of the case without any kind of sense of emergency. >>> city officials said they are looking ahead to next wednesday evening and marying hundreds of couples, -- marrying hundredsover couples some of who said they've already waited too long. >> we are very disappointed but we're not losing hope. >> reporter: coming up at 6:00 we'll tell you about the advise city officials are giving same- sex couples who hoped to be married here next week. for now reporting live in san francisco, davi

the rule that california's proposition 8th is unconstitutional. also tonight we're learning that this issue may never reach the u.s. supreme court after all. ktvu's ken wayne live in the city tonight with our report. >> reporter: san francisco's point person says there's a real possibility that the same- sex issue may never reach the u.s. supreme court as many have predicted. it could very well end right here at the 9th circuit of the appeals in san francisco. >> if the 9th circuit rules in favor of the city and the plaintiffs, the high court may not take the case. >> reporter: deputy city attorney terrice stewart says the marriage decision could hinge on legal standing. the defendant in the prop 8 case is the state of california. but jerry brown and arnold schwarzenegger have refused to defend prop 8. supporters may not have the legal standing to pursue the case on their hand. >> can proponents of an initiative effort act on their own and go file an appeal. the answer to that is ordinarily no. >> reporter: gay and lesbian couples anxiously await

the rule that california's proposition 8th is unconstitutional. also tonight we're learning that this issue may never reach the u.s. supreme court after all. ktvu's ken wayne live in the city tonight with our report. >> reporter: san francisco's point person says there's a real possibility that the same- sex issue may never reach the u.s. supreme court as many have predicted. it could very well end right here at the 9th circuit of the appeals in san francisco. >> if the 9th circuit rules in favor of the city and the plaintiffs, the high court may not take the case. >> reporter: deputy city attorney terrice stewart says the marriage decision could hinge on legal standing. the defendant in the prop 8 case is the state of california. but jerry brown and arnold schwarzenegger have refused to defend prop 8. supporters may not have the legal standing to pursue the case on their hand. >> can proponents of an initiative effort act on their own and go file an appeal. the answer to that is ordinarily no. >> reporter: gay and lesbian couples anxiously await

california's proposition eight is unconstitutional.is decision on whether gay marriages can begin again his ruling is appealed could come any day now. it seems there is also a very real possibility the same sex issue will not reach the supreme court afterall but could end here. >> it rules in favor of the proponents the court may not take it. >> if the prop-8 fight dies here at the supreme court that leaves america with a patch work of marriage laws some allowing same sex marriage some not. legal experts say that shouldn't be seen as unusual as states already have differing laws regarding hetero sexual marriage. >>> they want the irs to require the couples to use the same rules as iodous for heterosexual couples. the california system is more fair and allows the state to set rules for special laws. >>> later this morning the wringling brothers will kick off its tradition at the elephant walk. they have released images that show circus elephants being abused. the people for ethical treatment of animals keep baby elephants changed up eve

rturning california's proposition 8 ruling it unconstitutional.ers approved the same-sex marriage ban in 2008. in his 136-page ruling the judge walker found that proposition 8 disadvantages gays and lesbian was out any rational justification. a group of same-sex marriage sup povertiers is marching to san francisco city hall from the castro district right now. they'll hold a rally until about 8:00 p.m. the winning legal team in this case spoke earlier today. >> today we eliminate the last official area of discrimination. aoo those who support proposition 8 are supported. the group "save california" is pinning hopes on appeals process. >> the judge chucked the constitution imposed his own agenda and made a lot of people happy in the gay community in san francisco. ask but is the most dangerous type of judge in america. >> san francisco mayor called it a major victory. >> this is a big decision a big day for fundamental rights for american values. and... i'm proud of it and proud we played a small role. >> this mayor allowed first-ever same-sex marri

. >>> with just 71 days to go until election day, polls show california proposition 19, the movemento legalize marijuana is gaining momentum. in july, a sales poll showed voters split on the issue. but a new poll from the survey showed 50% of likely voters in favor of allowing anyone to cultivate a small argument of marijuana for personal use. >>> we have new information this morning on that nationwide egg recall. on the "today" show this morning, the commissioner of the food & drug administration says her agency needs more power. dr. margaret hamburg says the fda needs more resources and authority to make sure another recall doesn't happen like this one. the agency is still trying to track down the source of salmonella. we have more information on the company behind the recall. it reportedly has a long history of violations. wright county egg has violations dating back to 1998. big baby doesn't even begin to describe this next 10-month-old. weighing in at just 7 pounds, 11 ounces when he was born. however, he now weighs a whopping 44 pounds, twice what normal babies his age would we

federal court overturns proposition 8 reopening the door for same-sex marriages in california. tonight with the ruling means for couples planning weddings we have reports from san francisco city hall and the castro. reaction from both sides and some legal experts on the possible outcome and the u.s. supreme court. >> the ban on same-sex marriages dead a federal judge ruled proposition 8 is unconstitutional. your looking at live pictures from san francisco castro district where dozens of people are gathering will likely grow to hundreds and hundreds of the day wears on. they're gathering to celebrate the ban on same-sex marriage being overturned by federal judge walker today. joining me now dance for men to talk about the ruling. >> hundred 30 page ruling he said it was unconstitutional because it violated due process clause and the also basically what breakthrough and said the evidence that those in support of the band put the fourth he wasn't buying any of >> the judge said domestic partnerships were not a substitute for manage the fundamental rights not be submitted to a vote

proposition 8 ballot measure. >> the people are the supreme power in california. they created the judiciary, they created the legislature, and they control the constitution, and they have decided that marriage should be between a man and a woman. >> reporter: it's not clear yet how today's ruling will affect marriage laws across the country. currently, five states plus the district of columbia allow same- sex couples to marry. more than 40 states define marriage as between a man and a woman. kristen perry was one of the plaintiffs who filed suit against proposition 8. here is some of what she had to say. >> today, every american should be proud . for so long, sandy and i and our family have been regarded as less than, unequal, not worth i -- worthy of liberty and the pursuit of happiness under the law, but this decision says that we are americans, too. we, too, should be treated equally. our family is just as loving, just as real , and just as valid as everyone else's. >> woodruff: some opponents , meantime, wandered that the decision could lead to legal challenge

because california has no interest in discriminating against gay men and lesbians, and because proposition 8% california from fulfilling its constitutional obligation to provide marriage under equal basis, the court concludes that proposition 8 is unconstitutional. because proposition 8 is unconstitutional under due process and equal protection clauses, the court orders entry of judgment permanently enjoining its enforcement. >> the judge was very clear about this he talked about the experts on both sides. those in favor of same-sex marriage put up two dozen witnesses while those on the other side only put up to pureed >> many people expected this would be the a, those supporters of the band didn't present much of the case. >> people they were to have put on the stand that decided not to put on the stand and a to they did put on the stand in some cases ended up supporting the side that was in favor of same- sex marriage. the judge in some of his comments talked about the napping very credible experts either. >> the side of the fact californians had passed the ban by 52 percent or so. >> th

proposition eight. but, tonight, same-sex couples still can not marry in california. in fact, that's a decision the judge still faces tonight: whether to allow same-sex marriages, while the issue plays out in the courts. in today's ruling, the judge wrote: "moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians." simon perez takes a closer look at the decision. * package* (statoin insert - walker photo) judge vaughn walker left little doubt he thinks california's voter- approved ban on same- sex he said proposition eight violates the equal protection clause. >> whether a person can marry someone cannot depend if the person is male or female. if someone loves sally they should be able to marry sally. the due process of our constitutions protects our liberty from the government depriving us of the liberty. >> because walker called marriage a fundamental right he wrote the majority of california voters supported proposition eight is not important. banning same-sex marriage is an artifact at a time when the genders were seen with dist

the judge who overturned california's proposition 8 but stayed the decision will rule this morning on whether same sex marriages can resume while appeals are heard. terry mcsweeney is live at san francisco city hall which could be but, terry, not necessarily or even likely to be a very busy place later today. >> yeah. the window for the decision for judge vaughan walker's decision opens at 9:00 this morning, sometime before noon we're going to find out if he's going to lift the decision made last week, the temporary ban which prevented same sex marriages from taking place. last week the judge ruled that proposition 8, the voter-approved measure defining marriage between a man and a woman, he found it unconstitutional but did not order same sex marriages to resume immediately. today he's going to decide if they should take place again. but legal analyst dean johnson says the judge will likely lift the ban but then hold off implementing that for a week or so so that supporters can appeal the ruling. >> what i don't think is going to happen is that the stay is going to be lifted and same

the federal judge presiding over california's proposition 8 case says he has considered the arguments and now is ready to rule on whether same-sex marriage can immediately resume. and he plans to make his announcement by noon tomorrow. ktvu's mike mibach is live in san francisco with the reaction. mike? >> heather, tonight, a sense of hesitation out on the streets [ inaudible ] >> at this place right here behind me san francisco city hall is prepared for the rush. because in just 14 hours it could be reopening its front doors to gay marriage. >> hopefully the judge will rule that each of the city offices will allowed to be open to prepare marriage licences and allow same sex partners to be married. >> reporter: tonight in the castro there was no celebration but there was a sense of confidence. >> will we be having marriages down at city hall? >> i think so, yeah. and if not we will eventually. sooner or later we're going to win. >> when it goes to the supreme court and it's passed, then it will become official. >> i'm sure it will go to the supreme court. and i'm sure that the supreme

overturning gay marriage, in effect, in the state of california. proposition 8. what is the fallout. where does this go from here from this one ruling? >> well, this is sweeping decision but it's a very early one. it's not, you know, near the supreme court yet. but i would say that there is a challenge. the gay rights movement has been one of the most successful social movements in america for the last 20 years. they've changed attitudes towards inclusion and tolerance. but i think that if the supreme court were eventually to adopt the reasoning that's in this decision which is essentially declares every traditional argument for traditional marriage to be useless and il liberal, i think there within a serious problem. because the decision of the supreme court would not just be for california. it would be for louisiana and mississippi and south carolina. i think it could cause a significant roe v. wade like backlash in america if the supreme court were to adopt that approach. >> woodruff: and what would happen in that case? >> well, i actually don't, first of all,

the federal judge presiding over california's proposition 8 case says he has considered the arguments and now is ready to rule on whether same-sex marriage can immediately resume. and he plans to make his announcement by noon tomorrow. ktvu's mike mibach is live in san francisco with the reaction. mike? >> heather, tonight, a sense of hesitation out on the streets [ inaudible ] >> at this place right here behind me san francisco city hall is prepared for the rush. because in just 14 hours it could be reopening its front doors to gay marriage. >> hopefully the judge will rule that each of the city offices will allowed to be open to prepare marriage licences and allow same sex partners to be married. >> reporter: tonight in the castro there was no celebration but there was a sense of confidence. >> will we be having marriages down at city hall? >> i think so, yeah. and if not we will eventually. sooner or later we're going to win. >> when it goes to the supreme court and it's passed, then it will become official. >> i'm sure it will go to the supreme court. and i'm sure that the supreme

california. supporters of the proposition 8 ban on gay marriage won the latest ruling in the case.uit court of appeals in san francisco to put the weddings on hold while the recent ruling against prop 8 is appealed. last week the judge who found prop 8 to be unconstitutional said marriages could begin tomorrow if the appeals court didn't block them. >> for the time being the vote of the people has been upheld and we don't always see that and people often get frustrated to see their votes struck down but today they should be happy. >> it's disapointing. we are used to it. but we'll get civil rights and marriage equality will come to california. >>> gay marriage supporters not expected to appeal yesterday's decision to block the weddings while the case moves through the federal court. the case will be heard the week of december 6. >>> time now 6:36. today mayor newsom, house speaker nancy pelosi and the secretary of the navy will announce a deal to transfer control of treasure island to the city. the city will pay the navy $55 million over 10 years. city supervisors signed off that p

judge who overturned proposition 8 is expected to release a major decision on same-sex marriage this morning. judge walker will determine whether gay marriages can resume in californiahile prop 8 supporters appeal his ruling. proposition 8, the voter- approved measure that limits marriage to male-female couples. >>> santa clara's planning commission gave the go-ahead to build a 63-foot-tall minaret at a mosque on scott boulevard. that tower was already approved. but a nearby business owner appealed that decision saying it doesn't fit the neighborhood. the commission turned down the appeal last night. >>> bart officials have announced another surplus. the agency says they have ended last year's budgets year with $4 million left over. this comes after the state handed out $4.5 million in transit assistance just last month. bart officials say it will take them another couple of weeks to decide how to spend that extra cash. 8.5 million. >>> the state senate will honor two members of the highway patrol for their rolls in a walnut creek rescue. it was back in april that a 74 years old woman was saved after the car she was in plunged into a canal. the accident killed her h

they were looking to overturn california's voter-approved proposition 8, which defines marriage as a union between a man and a woman. most analysts believe the judge will overturn that ban. >>> bp project managers say "operation static kill" in the gulf of mexico is going well. it could be finished as early as tonight. static kill involves pumping tons of mud and cement into the blownout well, eventually sealing it off for good. but government point man, admiral thad allen, cautions, though, that the work is far from over. >> there still is residual oil out there. it's harder to see. it's still out at sea. we have tar balls and mats that are showing up. they're mulling around near mississippi and alabama. we have to be in a position to respond to that. and our intentions is to size our force by how much oil is out there and how much we have to recover. >> according to today's "new york times," the government will announce today that about 75% of the oil spilled into the gulf, has evaporated, been dispersed or has been eliminated. and what's left, that it's unlikely to pose much addit

i am absolutely convinced if we in california pass proposition 19, which i pray we do, the obama election is facing reelection. they are not going to snub their nose add california. just like they honor the state system. they did that with regard to medical marijuana they said as long as people are in line with state and local law was marijuana. i am vicinitiesed they will do the same thing with regard to prop 19. they will come out and say, this is silly, you were miss lead but we are going to let you do it. and then, honestly, it will work. it won't be wonderful but it won't be harmful. gangs will make less money. revenue will come in. the quality will be there. understand i was in a room on three separate occasions where the hoover institute sponsored a sem sem far. >> same thing with my fellow judges. what do they think privately or public publicly. but we need political covering. i have a real political job. i have to toned r respond to the mayor and city court. i can't do that. politicians are really good at one thing. they are good at follower shshi i'm convinced that this is where

proposition 8. and another he is a decided against that was that he would force california to discontinued to violate clinton's constitutional rights. -the public's constitutional right, and it a public, the attorney general. and perhaps as proposition 8 that harvested in california. >> well it is a victory for same-sex marriages, it is not allow them to get married right away. when this will not go into affect until august 18th at 5 pm allowing for proponents of proposition 8 to appeal. and in san francisco, dan kerman. >> supporters, are going to file an emergency and how this will affect the way tlegal process? (reading) >> the plaintiffs talked today about the judge's decision and they say they're still waiting to get married. >> we love the the attorney general/governor said that one not! go get married. and as soon as we possibly can. we cannot want to make any mistakes in terms of making sure that we have understand this fully, with no problems, whatsoever. >> a small group of supporters from proposition 8 was on hand at city hall today. we got reaction from one man who was upset with today's

a judge will announce his decision on whether to overturn california's proposition 8 which bans same-sex marriage. a small plane crash near phoenix, arizona. the plane crashed right near the side of the building. the dark smoke could be seen for miles. the single engine plane seats four and it is not now known how many people were onboard or if there were survivors. whether the time of the crash was clear and calm. >>> hip-hop star wyclef jean is running for the president of haiti. he is expected to officially announce his candidacy tomorrow. jean was born in haiti which is struggling to rebuild following january's massive earthquake. the haitians vote on november 28th. >>> dutch teenager laura dekker set out to become the youngest person to sail around the world alone. she is 14 and she and her father left to the netherlands on a test sail to portugal where she will start her voyage later this year. dekker had to fight a 10-month court battle to be allowed to make that trip by herself. she loves the venture, as does dave price. good morning, sir. >> i like adventure, too, but i like it

until at least tomorrow despite a federal judge's ruling yesterday that proposition 8, the ban on same sex marriage in california, is unconstitutional. judge vaughan walker wrote proposition 8 does nothing more than enshrine in the california constitution the notion that opposite sex couples are superior to same sex couples. the day and lesbians hailed it as a landmark victory while the supporters called the ruling a bump in the road that would be overturned. >> that could be two or three years assuming this case goes all the way through the 9th circuit and supreme court which it appears to be on its way to doing. (cheering) >> judge walker who made the ruling is expected to decide tomorrow whether to lift a stay preventing same sex couples from marrying. meantime supporters will appeal to the 9th u.s. circuit court in san francisco and the case is headed to a much higher court. >> but tomorrow will feel different because tomorrow i will have a sense of security that i haven't been able to experience in the past. >> this is the second time they've spoken on marriage and this is just another example of judges tak

because walker called marriage a fundamental right he wrote that the majority of california voters supported propositionlevant as fundamental rights may not be submitted to a vote. walker also weighted into the cultural aspects of marriage by saying banning same sex marriage exists as an artifacts at a time when the genders were seen as having distinct roles in society and marriage. that time has passed. >> we no longer treat fathers and mothers having different rights where mothers automatically get custody and fathers don't. we've now decided that in family roles gender should not be as relevant for purposes of legal distinctions. >> reporter: prop 8 proponents say same sex marriage wasn't needed because domestic partnerships provided enough benefits to same sex partners. judge walker didn't accept that argument either writing domestic partnerships do not provide the same social meaning as marriage. >> when voters take the initial power into their own hands, they're basically acting in the same way as a legislature, both the voters and the legislature, have to comply with the constitution. >> reporter

proposition 8. a few days later the california supreme court upheld the proposition but ruled that marriages performed before it passed -- before it passed were still valid. in january this year the trial over proposition 8 began. in june lawyers delivered closing arguments and today judge vaughn walker issued his ruling that over turns proposition 8. for continuing coverage of the proposition 8 decision and to read the full text of the court ruling you can go to our web site, ktvu.com. >>> there are new questions tonight about the killing of an inmate in san quentin prison. plus a new milestone is reached in the gulf tonight but the white house warns the crisis is far from over. >>> and it cooled off a bit today. there was more fog this morning. we've got more fog headed your way as we move into the next 24 hours. tomorrow's forecast coming up. what this droid does will change how you do movies. with blockbuster on demand, this does hit films on a 4.3-inch screen so big, the way you see them will never be the same. introducing the new droid x. pre-loaded with blockbuster. the next generation of does.

will be tried for marrying 16 same sex couples in 2008 when guay marriage was legal in california before proposition eight. he had been acquitted by the church for preforming same sex marriages in 2006 because those were not legally binding. in july the church voted in favor of allowing sexually active gays to serve in the clergy but shelved the plan to allow marriages. >> rescue crews find signs of life from miners in chi, e. >> and a new weapon added to the arson natural in iran. >> and what the afghanistan president is saying about getting lasting peace as more united states troops are killed. the most powerful half-ton crew in america has a powertrain backed for 100,000 miles. chevy silverado half-ton a consumers digest best buy and the most dependable, longest-lasting full-size pickups on the road. now get 0% apr for 72 months on 2010 silverado half-ton models with an average finance savings around $5,800. . >>> news of the world in chile the government announced 33miners trapped in a mining collapse 17 days ago are still alive. they attached a note to a drill. they say they are in an emergency

california. in 2008, he publicly opposed proposition 8 calling it a waste of time and a welcome the california supreme court decision overturning proposition 22. this time, when the people vote, they're not legal experts. to clarify his personal view that he said the san francisco chronicle that may for me, matin marriages which will demand and a woman, and now he recognizes k marriages from other states. with five months, the were already illegal in california. last week, the assemblyman in california's of the governor's change of heart was welcome even though it is a bit late. reaction is coming in from los angeles, with the plight of and backers, and the west it is alcl member of this battle of same- sex marriage and pieces that is a moment of pride for the entire sestate of california. >> affected next week, the case/lesbian couples of unwitting 10-20 years to a mirror the person they love should be weighe able to marry , and we're standing by in west los angeles and also in san diego, laguna beach, san francisco, all across this great state of california to marry the gay and lesbian couples a one

. >> she is one of the women who challenged california's proposition 8.deral judge strikes down the state's ban on same-sex marriage. >> but don't rush to get a marriage license just yet. the judge issued a temporary stay of his own ruling. he'll review briefs to consider keeping that stay in place while the case is appealed. in a detailed opinion that took months to write, judge vaughn walker says the ban on same-sex marriage fails to advance any rational basis, singling out gay men and lesbians for denial of a license. carolyn tyler is live to begin our courage. >> reporter: the celebration began just before 2:00 this afternoon outside the federal courthouse. as word spread of the decision released inside. one same-sex marriage supporter said equality is in the air. ♪ going to the chapel and we're going to get married ♪ >> reporter: that was also the emotional response from the gay and lesbian couples who won their lawsuit to overturn prop 8. >> equality is something that our nation has always been about. we read about it in school. our ancestors came t

this is >> of california voted in favor of proposition 8 which they did. hat and he said the majority of california voters supported prostate that was irrelevant because fundamental rights may not be submitted to a vote. marriage is a fundamental right. >> next to the process? >> it temporary stay right now he's going to wait till friday they will appeal to the federal court of appeals. the judge is now waiting to hear arguments in because it will appeal the federal court of appeals the one stated when anybody to get married adults worked its way up to the record of appeal and then to the u.s. supreme court. the next couple days the judge will decide whether he's going to issue the suspension of his rulings and nobody can get married. this day now for a couple days will years from both attorneys about whether they should go for naught. he and and friday were expecting the air monday he will issue a ruling about whether or not this ruling will take effect in people can get married away. or they're going to have to wait till it works its way up to the u.s. co

california did. they supported what became proposition b. it says that all new employees would contribute to% of their salary to deal with the unfunded help liability. it was shown to be about $4 billion. no other county had done that. people forgot that. the press has forgotten that. then labor came back again last year for around two. police and fire at said they would control -- contribute 9% to the pension. we worked together with labor and the elected officials behind me. we said we would deal with the issue of spiking and the final year of spiked salary. we made progress. we committed in subsequent years to setting aside money when times are good to deal with the unfunded corpus on the health care liability. that happened with overwhelming support from 77% of voters in the city. labor agreed to those banks. it was rather remarkable -- labor agreed to those things. it was rather remarkable when we asked them if they would agree to wage concessions that they said that they were open to a collective bargaining process, working with and no

that the majority of california voters supported proposition 8 is irrelevant. as fundamental rights may not be submitted to a vote. tradition alone cannot support legislation. the prop 8 campaign was based on a desire to advance the belief that opposite sex couples are morally superior to same-sex couples. both sides said they planned to appeal judge walker's ruling so it's likely this will go to the ninth circuit court of appeals and then on to the supreme court of the united states. whether to allow same-sex marriages to continue in the meantime with the potential they could be reversed is a tough call. >> in this ping pong battle over same-sex marriages, to have a set of legal rights one day and nah family and to have the rights taken away the next day and given back the next day and taken away again is very unstable. that's the kind of instability the law cannot tolerate. >> reporter: so a big day here at the federal court building in san francisco. judge vaughn walker overturns proposition 8 saying it violates the u.s. constitution's right to due process a

proponents of proposition 8, california's ban on gay marriage, have formally appealed the federal judge's ruling today, striking down the voter approved law. this morning's appeal to the ninth circuit court of appeals is only the next step this a case that's expected to go all the way to the united states supreme court. ktvu's jade hernandez has details. jade. >> reporter: good afternoon. we don't know how long it's going to take for a federal judge to make a decision on whether or not same-sex couples can come down to city hall and pick up a marriage license. but ktvu did watch supporters cheer and celebrate at the federal building after yesterday's decision. this is what we know has already taken place -- both sides have been asked to submit in writing why a temporary stay on same-sex marriages should remain or be lifted during the appeal process which could take months. yelled the chief district court judge vaughn walker overturned the marriage been on same-sex marriages and with that stay pending, the alliance defense fund, the attorneys representing the sponsors of prop, told us they