supporters of prop. 8 appealed walker's decision to overturn the same-sex marriage ban and late tonight asked the ninth circuit court of appeals to halt marriages as long as the case is in court. but legal experts say prop 8 supporters are facing a legal hurdle. >> we're down now to the question of whether the backers of prop 8, what's required, constitutional standing, to be able to bring this appeal. >> reporter: usf constitutional law professor julie nice says legally, the governor and the attorney general should be fighting for the voter-approved marriage ban but both state leaders filed briefs in support of letting marriages resume. so now prop 8 backers must convince the 9th circuit court of appeals that it should be allowed to argue the case. nice says there is a strategic wrinkle. >> i think the backers will think carefully about whether they want a 9th circuit ruling that might have more broad effect across more of the western states or whether they want a united states supreme court ruling. >> reporter: prop 8 supporte supporters can withdraw their appeal, and with same-sex marriages possibly on the calend

. >> and the court of appeals, what it they will they do? now? l, the court of appeals has its hands full. for the next few days, they have to do with the question of the stay. and if they're going to stay the judge walker rulings? wor to let marriage prevail? >> and major, a legal snafu. and of the proposition 8 backers have independent standing and that is what we call it to bring to the appeal. normally, the state defendants are the people appealing this decision. as you know, governor arnold schwarzenegger and attorney general jerry brown. to not predict. >> statement? the standing-- standing? >> that is a requirement, the federal constitution and that is when a party has outstanding. that they have suffered an injury that is concrete, particular to that particular person or group of people. is when a party has standing that a court can have jurisdiction to hear their case. without standing? the people would have no jurisdiction. so it is absolutely necessary constitutional requirement. quite frankly, it is going to be a great hall order for t

filing papers with the 9th the circuit court of appeals in san francisco. in those documents lawyers take the judge to task claiming the court ignored virtually everything judicial authority, the works of eminent scholar past and present and even common sense. john is here with a closer look at both sides of the legal fight. >>reporter: supporters of prop 8 are asking for the ban to stay in place until the u.s. supreme court can have the final say after judge walker ruled today that gay couple could begin marrying next wednesday opponent ready and waiting. >> tonight in the castro district supporters didn't have whole lot of time to save or the latest court victory until the first appeal filed. >> i don't think it is any surprise that there was a challenge filed except that i wasn't sure they would have standing to file so i don't know if that's been resolved. >>reporter: that is one of issues before the ninth circuit whether prop 8 supporters can make the case before the court. tonight attorney general jerry brown told 7 news he was pleased with today's ru

leaders filed briefs in support of letting mar hugs resume and now backers must convince the court of appeals it should be allowed to argue the case. >> i think the backers will think carefully about whether they want a ninth circuit ruling that might have more broad effect across more of the western states or whether they want a united states supreme court ruling. >> reporter: prop. 8 supporters can withdraw their appeal. with same-sex marriages possibly on the calendar for next week, the ariga restaurant in the castro is preparing for wedding parties. >> everybody comes together on events like this. >> reporter: right now, everybody is waiting. now, if the ninth circuit court of appeals does not halt weddings by the end of business on wednesday, same-sex marriages can resume all over the state and if that's the case, the assessor record her here in san francisco says he will stay open late wednesday night. jean elle, nbc bay area news. >> thank you. >>> in san francisco, while some people were cheering the news today others were not so pleased. supporters of prop. 8 say the judge's decision

supreme court to review the decision. >> i couldn't conceive of the u.s. supreme court second guessing this court of appeals stay. highly unlikely. >>reporter: but supporters of same sex marriage are happy to hear that the ninth circuit is putting the constitutionality issue of same sex marriage on the fast track. in december the appeals court will hear argument on whether u.s. district june von walker ruling to invalidate prop 8 should be thrown out. same sex marriage opponent say they are eager to make their case. >> it will be good to kind of have things settle down a little bit and not have this craziness of the last couple of days where it has been on-again off-again and we'll have some time to really fast ep our argument for the court of appeal and show why this one june's ruling attempting to undo the work of 7 million california voters really is just plain wrong. >>reporter: roger and rod hope all of this can be resolved in months instead of years. rod's father is in his 80's and they say time is critical. >> he was giving me his blessing and it would really be is in for him to be around for us to h

which in all probability will be to go to a higher court, the court of appeals. and at that court, the judges will decide to either issue a stay or not. and that's totally in their hands, and i feel quite confident they'll have all the facts they need to make the right decision. >> brown added judge walker did a solid job of explaining in his opinion why there's no rational basis for denying same sex marriage. the three-judge panel likely to consider whether to keep the gay marriage ban in place during the appeals process is made up of two judges, democrats and a third is a republican. ronald reagan appointed judge levy to the appeals court in 1987. and bill clinton appointed michael hawkins to the court in 1994 and sydney thomas in 1995. hawkins served as u.s. attorney under jimmy carter. >>> let's bring in a professor from santa clara university. we appreciate you being with us tonight, sir. let me start by saying this, from a legal perspective, why not just lift this stay and allow gay marriages to resume immediately. why give the ninth circuit this six-day win

supreme court second guessing this court of appeals stay. ly unlikely. >> but supporters of same sex marriage are happy to hear that the 9th circuit is putting the constitutionality issue on the fas trak. in december the appeals court will hear arguments whether u.s. district judge vaughan walker's ruling to invalidate prop 8 should be thrown out. same sex marriage opponents say they are eager to make their case. >> it will be good to kind of have things settle down and not have the this craziness of the last couple days where it's been on again off again. we'll have time to fashion our arguments for the court of appeal and show why this one judge's ruling attempting to undo the work of 7 million californians voters is just plain wrong. >> they hope all this can be resolved in months instead of years. rod's father is in his eighties and they say time is critical. >> he was giving me his blessing. it would be nice for us to have a wedding with him there. >> if you want to read the appeals court's ruling, we've posted ittenour website abc7news.

circuit court of appeals in san francisco. the losing side must file what's called a merits appeal. essentially asking the court to decide if judge walker's ruling was proper. both sides want this appeal process to happen quickly because beyond that, it's expected the case will ultimately go to the u.s. supreme court. for more coverage of today's decision, including the judge's ruling in its entirety, you can find that on our website, cbs5.com. >>> well, next, some schools will do and say just about anything to get students to sign up. lies and deceit fed to college applicants uncovered in an investigation. >>> oakland mayor ron dellums making an announcement about his political future. >>> that's when he took me back up to my room and -- and tied me to the bed. >> and she was tied up for hours during a harrowing home invasion. but how one woman used some quick thinking and her feet to get help. ,, 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 th

of appeal. what i mean when i say that, right now, especially in the ninth circuit, we have a favorable circuit court of appeals. and what congress has chosen to do in 2007 and 2008 is propose a structure by which the ninth would be split into the ninth and a new circuit court of appeals. >> i have to ask you to finish. thank you. you can finish your statement if you can and then your time is up. >> very good. the last issue you may wish to consider is appeals would otherwise be considered under another proposal, all to go to the d.c. circuit court of appeals, which has no specialization in immigration. thank you for your time. >> thank you for your comments. next speaker, please? >> geeping, commissioners. my name is bar tholmue murphy. i am the chairman for the year national immigration reform. that brings an irish voice to the immigration reform bedate. as other speakers here, the irish are in real terms a minority in this debate. there are approximately 50,000 undocumented irish throughout the united states. but we are a very vocal minority, and i thought i would share with you some of the things

supreme court to review the decision. >> i couldn't see them second getting this court of appeals stay>> the 9th circuit is putting it on the fas trak. in december the appeals court will hear arguments whether judge vaughan walker's ruling should be thrown out. same sex marriage opponents say they are eager to make their case. >> it will be good to kind of have things settle down and not have this craziness of the last couple days where it's been on again, off again and we'll have time to really fashion our arguments for the court of appeal and show why this one judge's ruling attempting to undo the work of 7 million california voters is just plain wrong. >> roger and ron hope all this can be resolved in months instead of years. they say time is critical. his father is in his 80's. >> he was giving him his blessing. it would be nice for us to have a wedding with him there. >> if you want to read the appeal court's ruling, the appeal's courts ruling, we posted it on our website abc7news.com. new details emerging about the 22-year-old man charged with a series of sexual assaults at a wal

district court to the southern district of new york, and then in 1998, president bill clinton elevated her to the u.s. court of appeals for the second circui in 2009, president barack obama appointed her as associate justice of the u.s. supreme court. a telling insight about the justice comes from one ofer former clerks who came to speak to us yesterday. the clerk pointed out that the justice loves kids of all ages. she sees in them all that is possible and all that is great about us. that is why she is here -- to inspire all of us. please join me in welcoming toast it -- a welcoming justice somayor -- in welcoming justice sotomayor. [applause] >so, thank you. let me tell you a little bit about e format. we will begin with questions from five denver-area student leaders at the center microphone. after their questions have been answered, we wil open the floor to questions from all students. to me sure we get a good cross-section of studio audiences, we have divided the floor into blue, green, pink, and yellow. alternate from section -- we will alternate between the sections until the hour is up. our students will make

the ninth circuit court of appeals, the largest appeals court in the nation, 27 active judges. a panel of three will decide on the prop 8 appeal. a decision that some expect by the end of the year. ilhow wl those three judges be selected? judicial experience? not at all. a computer willw randomly produe the three names. it is considered liberal but there are conservative members. we will bring it to you on air and online. sign up for breaking news alerts online. >> investigators say he conned as many many into a $5,000 down payment. having victims cipe a lease and hand over checks when she had no authority to let them move in. the citizens say they learned a lesson to check public records and make sure the people renting a proper owns it. >> two people have been arrested in connection to an arson fire in a court house. police say thousands of criminal files were enjoyed, something through a molotov cocktail through a records window in june. benjamin stickle in connection with the fire there. is no sprinkler system in the court house, the fire spread and damaged offices in the cr

next stop, the ninth circuit court of appeals with oral arguments set for the week of the 6th. it trumps a lower court ruling. as you can imagine, both sides have something to say. our jean elie is in san francisco where lots of couples are emotional on both fronts. >> reporter: jessica, same-sex couples here and all over the bay area have been making wedding plans. wedding plans that once again can't be carried out. >> that's the woman i'm going to marry. >> reporter: debra and nevin have been waiting to get married in california for 20 years. in 1993, they exchanged vows during a protest in washington, d.c. they had a reservation at city hall in san francisco in 2008. but the court halted same-sex marriages before they could legally say i do. they made plans to marry again on wednesday. debra's birthday. >> we planned what we were going to wear and what we would say and what we would give each other. and we were thrilled. >> reporter: but the ninth circuit court of appeals put same-sex marriage on hold. >> we started to plan a big party in october for our families and friends.

courthouse, the ninth circuit court of appeals officially received this this morning. the official appeal by backers of the ban on same-sex marriage. it's likely the circuit won't hear the case for at least a year. if it's kicked up to the supreme court, that will take at least two years. vaughn walker has to decide whether to lift the ban immediately and allow same sex couples to marry or delay implement takes of his ruling until an appeals court rules. >> it should not be allowed to remain in effect for one more hour, let alone one more day let alone these several days. on the other hand, i do think he's exercising an abundance of caution. i think there's a good reason for that. >> reporter: the concern is whether the marriages could be called into question. the 18,000 same sex couples that got married in 2008 after the california supreme court legalized same-sex marriage were aloud lowed to stand. >> marriage comes with an enormous package of legal rights. they don't like instability. judge walker is having to balance between those competing interests here. >> report

that means the ninth circuit court of appeals could change things yet again. >> nbc bay area's tracy grant is at city hall to explain how this will play out in a court of law. but let's begin with cheryl hurd who is live in the castro. >> reporter: usually when something happens in the gay communicate, there is dancing in the streets. as you can see in the castro, there is no dancing in the streets. there is a lot of talk. and contemplating for a community that feel like they're involved in a roller coaster ride, rather than being involved in a victory. a hearing on the steps of city hall. >> i cried, it's amazing. amazing. this is the best. >> reporter: and season of relief for couples lining up outside. judge walker's decision to lift the stay on gay marriage but not allow it to happen until next week brought relief for some even though they have to wait. >> this is history. this has been ongoing for years. and the equal teams, the rights, the acknowledgements, all of that plays a part on what's happening today. >> reporter: by noon today, there were over 35 couples lined up to get

of marriage and encourage responsible child bearing. opponents argued in court papers that resuming gay marriage would create legal chaos among the 9th circuit court of appeals or the supreme court if walker's ruling is reversed. the san francisco county clerk says they are standing by, waiting to assist same-sex couples the moment they get the green light. >> all right. thank you, tara. >>> and we will have more analysis on the ruling once it is announced and what it means for the future of gay marriage coming up shortly with a constitutional law professor from golden gate university. the battle over same sex marriage intensified two years ago with a decision by the state supreme court. in june 2008 california's supreme court realized gay marriage. five months later, proposition 8 was enacted by a 52% may have jort of state voters in november of 2008. this amended the constitution to read, quote, only marriage between a man and a woman is valid or recognized in california. last week judge walker issued a 136 page decision that said the measure violated the u.s. constitutions guarantees of due process and equal treatment. we have also learned that the appeal

the ninth circuit court of appeals will hear the case the second week of december. joe vazquez has the next steps in the battle. >> reporter: the next step is to wait. the appeals court effectively said today they will be expediting this case, fast tracking it. but one couple said it doesn't feel like fast tracking when they have to wait several months. they were hoping to get married the day after tomorrow. ♪ [ music ] jess and theo had their first dance and a wedding ceremony last month but it will not be recognized by the state. it will not be legal for three more months at least. >> i was flustered. it was definitely very, like, as soon as the news came out i was very, like, we are waiting again. >> reporter: in a brief statement, the three judge panel of the ninth circuit court of appealed ordered the stay is granted. the appellants are the proprop 8 campaign. the ninth circuit ordered same- sex marriages to be put on hold at least until a hearing on december 6th. the judges also set a deadline of november 1st for both sides to file their written arguments. >> f

district court to the southern district of new york, and then in 1998, president bill clinton elevated her to the u.s. court of appealscircuit. in 2009, president barack obama appointed her as associate justice of the u.s. supreme court. a telling insight about the justice comes from one of her former clerks who came to speak to us yesterday. the clerk pointed out that the justice loves kids of all ages. she sees in them all that is possible and all that is great about us. that is why she is here -- to inspire all of us. please join me in welcoming toast it -- a welcoming justice sotomayor -- in welcoming justice sotomayor. [applause] >so, thank you. let me tell you a little bit about the format. we will begin with questions from five denver-area student leaders at the center microphone. after their questions have been answered, we will open the floor to questions from all students. to make sure we get a good cross-section of studio audiences, we have divided the floor into blue, green, pink, and yellow. alternate from section -- we will alternate between the sections until the hour is up. our students will make sure

the ninth circuit court of appeals is the largest federal appeals court in the nation with 27 active judges. but a panel of three of those judges will decide on the proposition 8 appeal. a computer will randomly produce three names. if a decision is made on the gay marriage stay today, we'll bring it to you on air and online. you can sign up for breaking new ace letters on nbcbayarea.com. >>> more victims of a rental scam are coming forward and fair financial loss is a lesson for all renters. rachel smith, the woman you see here, conned as many as 26 people out of $5,000 of rental deposit in san francisco. investigators met with victims thursday night to gather more information and bring them up to date on the case. smith was falsely renting an apartment that she didn't even own, she then got victims to sign a lease and hand over deposit checks when she had no authority to let people move in. the citizens say they learned a lesson to check public records and make sure the people renting a proper owns it. >>> a big reward could be yours if you help bring down the people who beheaded go

and an indefinite stay on same sex marriage after new ruling from the 9th circuit court of appeals. >here's a live look this morning. the sunrise waiting to appear above the fray of clouds dropping mist and drizzle on us once again. cool weather on the way. a roller coast of temperatures before we bottom out. >> the toll plaza, a terrific tuesday so far. let's hope it stays that way. if it doesn't, i'll let you know. >> it is 6:01 on this tuesday. thanks for starting your morning with us. i'm kristen sze. a fatal shooting involving burlingame police. it all began just before 9:00 last night when police were called to a disturbance on myrtle road near howard avenue. a man armed with a knife began moving toward the officers. after trying to use a taser with no success, police soaped fire and killed him. his name has not been released yet pending notification of his family. the san mateo county d.a.'s office will take part in the investigation and the officers who shot the man have been put on routine administrative leave this morning. this morning police are stepping up patrols and exam

. >> later today, the sponsors of prop 8 filed a motion with the court of appeals in san francisco. they wanted to keep a stay in place during appeal of the case. >> and tonight some legal experts are saying that the prop 8 case may not even make it past the ninth circuit to the appeals court all because of a legal landmark. robert lyles has more. >> well, with the ruling today the legal experts are weighing in tonight with an analysis that prop 8 is on legal life support. why? a term called standing, which is a little term that carries huge consequences that just may doom prop 8 backers. >> it just doesn't seem likely they will bail them out on this thing. >> the first thing these students are taught in this class is the concept of standing. >> and standing means that the party bringing the claim has suffered a very specific concrete particular injury that is unique to them. >> professor stresses only parties to a lawsuit can appeal a judge's ruling. so who are the parties? the plaintiffs are two gay couples, the defendants? governor schwarzenegger and attorney brown who never have

backers of proposition 8 cast the decision be put on hold so they have time to appeal it and get a ruling from the courtappeals. the judge is giving the attorneys tell midnight today to submit their arguments for or against the state kron 4 joins us now with the latest on property. the main parties have submitted their documents yet who has submitted their documents? >> within the last 45 minutes we heard from the governor and the attorney general they were supposed to defend property because it was passed by the voters of california. and would both the governor and the attorney general are saying today they think marriage should be allowed to continue and go right away. there should be no delay at all. let's take a look exactly what the attorney general had to say. >> in its argument the eternal general's office rights while they're still the potential for limited administrative burdens should future marriages of same- sex couples be later declared invalid, these potential burdens are outweighed by this court's conclusion. based on the overwhelming evidence that proposition 8 is unconstitutional. accor

could be a stalemate over supreme court nominations, similar to what we're seeing over district court of appeals court nominations. >> gordon, you are making it sound like that this is an issue of republicans. the history of this is clear. it was democrats with the bork nomination who turned it into ideology. in the clinton years, the clinton that appointees got strong support from the republicans. it was an offer of trees, and was rejected and the bush years, -- all for a truce, and was rejected in the bush years. republicans are saying that we not going to be patsies year. if we support clinton nominees and you do not support bush nominees, it will become ideological. >> quit pro -- quid pro quo. >> scott brown was knocking her for lack of judicial experience. she tried to get it on the u.s. court of appeals, and was denied that because republicans stalled nomination. it is not the -- republicans stonewalled her nomination. >> once upon a time there were competing for use on capitol hill. you have to stand up to your party and fight for what you believe in. the other was that you have to get s

> it temporary stay right now he's going to wait till friday they will appeal to the federal court of appealsto 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. court system. that could take a year's lease. thomas, police said backers of scene 6 marriage the attorneys said they could do all they could to keep this moving forward because it won a long delayed. >> kron 4 web producer kimberly has been keeping an eye on all of your comments coming in to our web page. kimberly. >> of the words just jump

of prop 8 already appealed the decision. last night proponents of the gay marriage ban asked theth circuit court of appeals to stop the marriageslong as the case is tied up in court. constitutional law experts say prop 8 backers may not be allowed to argue that appeal. >> chances are some of your favorite bands will be performing in the bay area this weekend. among them kings of leone, they will be in san francisco at the outside lands music and arts festival. christie smith is live once again at golden gate park with a look at who else is in the lineup. >> reporter: good morning. i read the list myself. i have to tell you it's too many to name. we will get to that in a minute. the first outside lands was in 2008. they are getting better and better at putting this on. it's nearly impossible to get lost when coming into the park because they have signs just about everywhere directing you where to go it's about the music, about the food, about the festival, even an app you can use on your iphone, say, to help you line up your schedule, see who is playing. how to get here. there are shuttles to help you get here. this is all about

that's what's going to have to go to the court of appeals. >> into day and we will be talking with you again as the issue progresses through the evening. bella clara county is where a lot of if same-sex couples attended to get married in the past appeared as craig shows us some seem to be holding back despite today's ruling. >> here at the santa clara county courthouse waiting for marriage license appeared at this point no same-sex marriage couples shot up to do so people may be waiting since the ruling is being delayed until arguments are heard in court. if same-sex couples turn at this point though be turned away until a final ruling. supporters of same-sex marriage on the emotional roller coaster. >> it's one for a step toward in two steps back many decisions that are made before the inevitable finally happens. >> for in alleyways of those couples has decided to stand in these lines. >> we have a lot of what the www.kron4.com taking your comments are what producer kip lee joins us now with a look of some of your comments. >> the big question being raised right now a lot of our viewe

the -- the -- the proper legal rights of marriage will immediately vest. >> reporter: robert lyles, cbs 5. >> robert says there are no guarantees the appeals courtll block prop 8 backers on standing. the appeal will be decided by a randomly chosen panel of three judges. even though the ninth circuit is known to be liberal, there are conservative judges on the circuit. robert says that and procedure issues could keep the prop 8 fight alive. >>> state employees are still on the job today. furloughs are officially off at least for now. a california appeals court has ruled that governor arnold schwarzenegger cannot impose mandatory unpaid days off. the governor had ordered state workers to take three fridays off a month without pay until a budget is approved by the state legislature. the governor plans to take the case to the state supreme court. >>> and today president obama signed a bill to beef up security on the mexican border. the $600 million bill will put 1,000 more security agents on the border, funds 500 new customs agents and greater use of unmanned surveillance drones. president obama says the law will strengthen americans' partnership wi

became a process for the process instead of a process for justice but with this decision for thai court of appeal has demonstrated that the work of the criminal court has no value at all evidence gathering the questioning of eyewitnesses always works to meet the lure of course related to victor's extradition to the us has been thrown away the courts of appeal is controlled by the tiny government directly and saw huge pressure from the u.s. boots trial may be over but his tribulations are far from it he faces years in prison and have to finds in all possible scenarios the only one bankable is a hollywood one the sequel to hollywood florida boy is already rumored to be in the making but it may have to wait a lot longer than ordinary moviegoers to see that really. matters are the art loss . of suspects to the deadly bombings has been killed by russian security forces during a shootout in douglas on the russia's south for all her alleged militants were also killed with a large number of documents revealing the militants funding sources and the terrorists have plans have been found at the signs. is be

district court to the southern district of new york, and then in 1998, president bill clinton elevated her to the u.s. court of appeals for the second circuit. in 2009, president barack obama appointed her as associate justice of the u.s. supreme court. a telling insight about the justice comes from one of her former clerks who came to speak to us yesterday. the clerk pointed out that the justice loves kids of all ages. she sees in them all that is possible and all that is great about us. that is why she is here -- to inspire all of us. please join me in welcoming toast it -- a welcoming justice sotomayor -- in welcoming justice sotomayor. [applause] >so, thank you. let me tell you a little bit about the format. we will begin with questions from five denver-area student leaders at the center microphone. after their questions have been answered, we will open the floor to questions from all students. to make sure we get a good cross-section of studio audiences, we have divided the floor into blue, green, pink, and yellow. alternate from section -- we will alternate between the sections until the hour is up. our students

of prop 8 already appealed the decision. last night proponents of the gay marriage ban asked theth circuit court of appeals to stop the marriages as long as the case is tied up in court. constitutional law experts say prop 8 backers may not be allowed to argue that appeal. >> down to the question of whether the backers of prop 8, what's required constitutional standing to be able to bring this appeal. >> usf constitutional law professor julie nice says the governor and the attorney general should be fighting for the marriage ban, but now prop 8 backers have to convince a 9th circuit court of appeals that it should be allowed to argue the case if the court doesn't act before the end of business day on wednesday, same-sex marriages will be happening again. > >>> school begins in a few days for many students and in a few weeks for others. some kids say they don't have the materials to get by. a south bay non-profit is taking care of that for many of them. damian is live where volunteer also give out hundreds of backpacks today to students can step off on the right foot. >> reporter: almost 2,000 backpacks. these folks in line show

became a process for the process instead of a process for justice but the visit decision to take court of appeal has demonstrated that the work of the criminal court has no value the role evidence gathering the question of eye witnesses told this works to make the law record too low to dr sacks tradition to the u.s. it has been strong the way the court of appeal is controlled by the thai government directly and so huge pressure from the u.s. boots trial may be over but his tribulations are far from it he faces years in prison and have to find all possible scenarios the only one bankable is a hollywood one the sequel to hollywood florida boy is already rumored to be in the making but the move may have to wait a lot longer than ordinary moviegoers to see they really. get readers are the arctic moscow. rejecting the country. i started to look at the mary. history and politics and realize that my whole life i have been lied to we report on u.s. nationals who choose to denounce their citizenship this illusion to the american dream. and inspectors from fee for wrap up their visit checking whether russ

of marriage licenses that was until the state supreme court stepped in. the following year at san francisco superior court judge upheld same-sex marriage declaring california's ban unconstitutional. in 2006, the state court of appeals ruled the other way saying that excluding gays and lesbians was constitutional. then in may of 2008, the state supreme court okayed same-sex marriages which were briefly allowed to take place and that set the stage for prop 8, with 252% of california voters deciding -- 52% of california vote voters defined marriage as a man and a woman and that's the ruling. the federal judge determined that prop 8 violates the state's constitution. >>> same-sex marriage certainly has become an epic legal battle in california. it's going to go on for some time, apparently. legal analysts, they join us from our newsroom and steven, thanks for being with us. >> thank you, tom. >> there's an immediate objective for the anti-gay marriage side and that's to prevent any gay marriages from taking place immediately? >> that's right. the pro-prop 8 people have asked for a stay from judge walker not to implement his ruling until they have their day in court at the ninth circuit. if judge walker denies that i th

it will then go to the ninth circuit court of appeals. we are told because it will be an emergency appeal, we could find a ruling from the ninth circuit court within the next few days. of course, that is separate from the actual overturning of prop 8. now, inside right now there are already people lined up. they have come from out of town from all over california in hopes getting a marriage license here. we spoke to a couple earlier who came from out of town to get married and we also spoke with some prop 8 proponents. here's what they had to say. >> we drove up from santa cruz last night when we heard there would be a ruling today in the middle of the night so we could be here just in case. >> your vote is over ridden. why go to the polls? we are going to allow same-sex marriage? so. >> reporter: so again, juliette, there are many people out here from both sides of the argument waiting anxiously to hear what judge vaughn walker decides. will he lift the stay on gay marriage? that's something that we should know momentarily. but again, th

circuit court of appeals or judge walker himself will issue an extended stay blocking same-sex marriage while the case is still being fought out in the courts. >>> well, a restaurant that serves some of the bay area's most popular sandwiches has been served an eviction notice. san francisco says that ike's place in the castro has been operating without the proper permits. this all came to light after neighbors complained about huge crowds that line up outside. but fans of ike's say the shop shouldn't be closed because of its huge success. >> it's such a great sandwich shop. i don't think it should be evicted. >> how can you be upset about, you know, a popular business and a crowd of people in the city? if you don't want to be around people, you should live in the country. [ laughter ] >> city investigators found that ike's only had a permit to run a coffee shop, not a take- out sandwich shop. on july 28, the fines began. $250 a day until the owner applies for a new permit or complies with the original agreement. eviction is set for august 26. >>> well, there are fewer and fewer jobs ava

court papers were filed last night with the 9th circuit court of appeals in san francisco. op 8 supporters are asking for the marriage ban to stay in place until the u.s. supreme court can have the final say, but that process could take years. u.s. district court judge vaughan walker ruled yesterday gay couples could begin marrying by 5 p.m. next week. legal analyst dean johnson says the late challenge to the ruling was expected. >> the only surprise here is that it took as long as it did. i would have expected that the prop 8 lawyers would have had their associates with the papers ready to file as soon as judge walker's decision was announced. >> meanwhile judge walker is questioning whether gay marriage opponents actually have the legal standing to appeal because they wouldn't be affected by the ruling and they were not the ones named in the lawsuit. the state of capitol hill was. governor schwarzenegger has refused to defend prop 8. if the 9th circuit court of appeals allows same sex weddings to resume, clerks offices arounds the state intend to be ready. contra costa, sa

carrie stewart said they got word to write a brief to the 9th circuit court of appeals on why same sexeddings should resume. despite the fact it should take months if not years to settle through the appeals process. >> i didn't expect it to be okay. saw something -- i thought by 11 p.m. it would be like, until you have tomorrow evening. >> the tight time frame is the result of a date set by u.s. direct judge fawn walker. last week he ruled prop 8, the same-sex marriage ban unconstitutional. then just yesterday walker lifted a stay allowing gay weddings to resume, but not until 5:00 p.m. wednesday. >> the 9th circuit i think wants to make its decision by the end of business on monday so the parties will have tuesday and possibly the early part of wednesday to go to the supreme court if they should choose to do so. >> opponents of same-sex marriage are hoping to have better luck with the high courts. if not -- >> i am hoping around the state you will have county clerk recorders that will review the same-sex marriage licenses because they have public serve vebts that are representing the

reporter: that would allow appeals to be filed immediately and directly to the ninth circuit court of appeals, which leaves the stay on the ban in the hands of a panel. >> the circuit has the motions panels that sit over and over through the year. they will decide that easily within a week, maybe even less. >> reporter: little believes that judge walker may have already consulted the appeals court. so the ruling tomorrow could be an intense move by both sides. be remembered this is a judge that made a landmark decision and doesn't want to be reversed on appeal. and right now there is every indication they will appeal if the ban on same-sex marriage is lifted. right now that is why they recommend same-sex marriage couples proceed with caution. >> it is not final until the appeal is over. anybody who heard he denied the stay but considered time -- i think they would be disappointed. >> reporter: keep in mind if judge walker lifts the stay without any time provisions, counties would be legally allowed to start issuing same- sex marriage licenses tomorrow, even if the ninth circuit court of appea

the ninth circuit court of appeals could decide to keep marriages on hold while the appeals process moves forward. if the court doesn't, gay couples can start marrying on wednesday when the judge's stay on same-sex marriage is lifted. >>> now, the judge's decision was announced shortly after 12:30 this afternoon. immediately, word spread through the crowd at san francisco city hall. [ applause and cheers ] >> people gathering on the steps of city hall this morning waiting for the decision. many couples lined up hoping to be the first to marry if the judge lifted the stay immediately. >> he actually drove up from santa cruz last night when we heard that there would be a ruling today in the middle of the night so that we could, you know, be here just in case. >> it's a landmark ruling, and now a landmark decision by judge walker to allow couples to live their lives out loud to be fully expressive. >> there were also a number of people wearing yes on 8 signs still voicing their opposition to the judge's ruling last week that overturned prop 8. >> obviously the issue of marriage is a very fun

groups in favor of the state's gay marriage ban are formally appealing that ruling. the case is before the ninth circuit court of appeals in san francisco. and we are learning that proposition 8 appeal will probably not be heard until early next year, according to a briefing schedule posted by the federal appeals court in san francisco. the schedule does not set a date but gives a late december deadline for a final written brief to be filed. that suggests that the appeal hearing won't even start until next year. >> city leaders in san francisco are preparing to perform hundreds of same-sex marriages. assessor recorder phil ting says if the stay is lifted, as many as 100 same-sex couples could marry each day. city hall will stay open until 8:00 tonight and then again on the weekend from 9:00 to 5:00 saturday and sunday for weddings. ting is wrapping up his staff as well and asking for volunteers to help as well. >>> by this time tomorrow, one of the bay area's biggest travel hubs will be in a different location. mike has a preview of the temporary transbay terminal after construction starts on a brand new cent

and we were thrilled. >> reporter: but the ninth circuit court of appeals put same-sex marriage on hold. >> we started to plan a big party in october for our families and friends. >> reporter: for now the wedding necklaces will be put in a safe place while stroud and garland face another emotional disappointment. >> people get married in iowa but we can't get married in california. so i feel like a second class citizen. >> reporter: in december, the ninth circuit will consider a judge's decision to declare prop 8 unconstitutional as well as whether or not prop 8 supporters even have the authority to argue in favor of the marriage ban. a final decision about their right to marry could be a few months away. >> december feels like forever. and, you know, we could not be here. one of us or both of us could not be here. and that really hit me, that i don't know how long this is going to take. is it going to be in my lifetime? i hope and pray so. >>> so, the ninth circuit holds a key hearing in december, but the legal limbo may not end there. whatever the ninth circuit court decides could be

the 136 page opinion issued is headed to the ninth circuit court of appeals. proposition 8 supporters could still ask the court of appeals for suspension during their appeal. that appeal vote could take months. then it may be on to the u.s. supreme court where one justice in particular may hold the swing vote. >> erg everything is going to come down to justice anthony kennedy. if you look at the history of justice kennedy there's a good likelihood that justice anthony kennedy will say prop 8 was unconstitutional. there have been two cases before the united states supreme court in the last generation dealing with sexual orientation. both of them 5-4. both of them with justice anthony kennedy saying you cannot discriminate on the basis of sexual orientation. >> reporter: same sex marriage is currently legal in five u.s. states, massachusetts, connecticut, vermont, iowa and new hampshire and in the district of columbia while civil unions are allowed in new jersey. live in san francisco in front of city hall this morning, jade hernandez, ktvu channel 2 news. >>> an

people on the other side of this debate, they should be entitled to make their argument to the court of appeal. so weather and what is the lookly had of the court of appeals would get involved in this by wednesday? >> well, they are going to have to. they have to take a look at whether they want to impose a stay. it is going to be tempting for some of the judges, you know. this did overturn a majority of people who voted on the proposition and it is a very controversial decision. some judges might be inclined to say you know what, let's stay this until other judges looked at it. but what -- what judge walker said in his opinion was i don't see the irreparable harm being done to people by allowing people to get married. he gave a very strong opinion saying that i don't think that this should be stayed by the ninth circuit. >> if you are a proponent of same-sex marriage, how should you interpret this? >> i would encourage my friends on that side. i actually support same-sex marriage. i encourage people on the side of same-segs marriage to understand that they benefit in some regards from judge w

defense alliance fund who argued for the ban of gay marriage told us if the stay is lifted it will automatically appeal the judge's ruling to the ninth circuit court of appeals. a decision by judge walker is expected some time between 9:00 this morning and noon today. we'll be here at city hall to bring you all the latest reaction. live from san francisco this morning, jade hernandez, ktvu channel 2 news. >>> the promoter of the dance party that ended with the death of a german tourist is apologizing for the tragedy. san francisco police say some young people attending that dance are likely responsible for the fatal shooting of the 50-year-old. a stray bullet killed her while she was walking with her husband near union square sunday night. >>> time now 6:36. alameda county sheriff deputies warning residents about a series of burglaries. there have been at least nine breakins around river bank avenue in the past four months. robert cassidy's house was burglarized just last week. he says the thieves stole a lot more than just material items. they also stole a small family dog named lulu. the dog suffers from a liver condition and needs medicine week

just crossing wires supporters of prop. 8 have filed their appeal in the circuit court of appeals. of law school's teachings. we just learn the appeal has been filed now what. >> now goes to the ninth circuit we will brief and both sides will put a brace it will be argued before the ninth circuit the evidence was all of the trial the ninth circuit would rule stay within the next year probably whichever way the ruling goes it will go to the supreme court for a final ruling and that's about two years now . >> at a lot of same-sex couples trying to get licenses but does not the case right now what happens with this day and what's the likelihood same-sex couples could emerge during an appeal. >> don't think there's a likelihood of that he granted a stay immediately himself he's done something very revolutionary and it something very profound at the same time he knows this is not the final word it will be the supreme court of united states two years now is feeling would be it would be irresponsible to go ahead for there to be as a result all whole host of people getting married over nex

of the defense's side in the original trial. and i'm wondering, are we going to see that become a bigger issue, either with the appeals court now later when the case hits the supreme court? >> i think it's a huge issue. i think if you were online today pretty much the word of the day in legal circles when it came to proposition 8 was "standing." and the question has now become if the attorney general of the state of california and the governor of the state of california, who are two of the named defendants in this case, simply say they want no part of this, that they actually support prop -- they actually support turning over proposition 8, the only people now fighting for it are the defendant intervenors, as they're known. and the question becomes is there any harm being done to these people? they are not being charged with enforcing this. they are not certainly being asked to perform same-sex marriages. so the question becomes, you know, is anyone being hurt by this? and that tends to be the standard by which any sort of emergency stay is granted. so -- and it's an open question. some people feel that because the proponents o

ping pong battle as you said earlier in our newscast continuing that we have the ninth circuit court of appeals then on to the supreme court. where does this road end? >> obviously, as with interracial marriage and sex discrimination battles, this is going to be fought out politically and legally and it's a hard-fought contest. so it's not at all surprising that there are going to be days when one side wins and days when the other side winnings. at the end of. day this is a battle over the meaning of our constitution. the the federal constitution commits us to equal protection of the law and due process that protects liberty and we are debating about whether equality and liberty should be extended to same-sex couples and their children. >> all right. we thank you both, julie nice with university of san francisco, chuck donovan with the heritage foundation. thank you for spending some time with us tonight. >> absolutely. we have much more on proposition 8 including the judge's ruling in its entirety. you can go to cbs5.com for all of the information on proposition 8 overturned. >>> stay with us.

same sex marriages are on hold until the ninth circuit court of appeals. this case could be appealed all the way to the united states supreme court. >> and that is likely. thank you very much. what a twisted turn that has been. here is what has happened with gay marriage in may of 2008, the california supreme court overturned the ban. then on november 4, prop 8, the amendment to ban gay marriage wasri passed. august 4, u.s. judge ruled prop 8 unconstitutional but he issued that stay. then the judge lifted the stay which would have allowed county clerks to begin issuing marriage licenses this wednesday. that was until today's ruling. >> the husband of the livermore husband accused of having sex with teen age boyed talked about the strength of his mother today. we are learning more about how the woman allegedly behaved around teenagers. christine made a second court appearance today. >> we talked to a teen ager who says he knows the suspect and one of the victims. he says that christine was known by kids as a cool mom who was fun to be around though she is no

the 136 page opinion issued is headed to the ninth circuit court of appeals now where if judge walkeres not to extend the stay on his judgment, prop 8 supporters could still ask the court of appeals for suspension during their own appeal. that appeal could take months. then it may be on to the u.s. supreme court where one justice in particular may hold a swing vote. >> you'll have four liberal justices and four conservative justs and i think you'll have the swing vote not surprisingly in the middle once again and how the other justices predict justice kennedy will vote is probably going to be a big factor in what they decide to do in whether to accept the case. >> reporter: same sex marriage is currently legal in five u.s. states. massachusetts, connecticut, vermont, iowa and new hampshire. and also in the district of columbia where civil unions are allowed in new jersey. live in san francisco this morning, ktvu, channel 2 news. >>> not everyone in the bay area is celebrating judge walker's ruling. people who voted for proposition 8 say they believe the judge ignored the will of the v