the question is whether these proponents of prop 8 represented by mr. pugno we heard earlier have the right to do that. essentially, the ballots are private citizens. they are not people elected to make litigation decisions. you have a situation where you have private parties who might be able to make litigation decisions and have no accountability for that. nor any delegation of authority to them. on the other hand, if those proponents don't have standing, those officials have the run around. you have the two competing -- >> it was initially designed to be a check on elected officials who may not be responsive to the people. >> scott: you can write into the proposition that if no one defends it, we can. >> it would be a different case had the people of california, the same night they passed prop 8, formally deputized these folks. when you write that into a measure, if this passes and the attorney general doesn't defend, they have the standing. you can answer the difficult questions about accountability. how many years can they defend? >> there have bee

. >> supreme court justices heard oral arguments this morning on the constitutionality of prop 8, some say it was san francisco's move to marry same-sex couples in 2004 that gave birth to the voter approved ban. abc7 news reporter is live at the supreme court in washington, dc. >> it is a remarkable scene here at the supreme court, a sea of people lined up to witness history. inside the court, the nine justices weighing in on the explosive issue of same-sex marriage. >> today, the supreme court is examining the definition of marriage. the justices heard oral arguments in a case challenging california's proposition 8 that amended the state constitution to ban same-sex marriage. >> what harm to the institution of marriage or to opposite sex couples, how does the cause and effect work? >> supporters say it serves a vital interest and voter should vote on this. >> we believe proposition eight is constitutional and the place for the decision to be made regarding redefining marriage is with the people, not with the courts. >> the plaintiffs in the case, two california couples say the law vio

the lawyer defending prop 8 faced tough questions from the justices. >> what harm you see happening and when and how and what harm to the institution of marriage or to opposite sex couples, how does this cause and effect work? >> once again, i would reiterate we don't believe that's the correct legal question before the court. that the correct question is, whether or not redefining marriage to include same-sex couples would advance the interests of marriage. >> are you conceding the point that there is no harm or denigration to traditional opposite sex marriage couples? you are concede that? >> no, no, i'm not. >> we have link to the entire audio recording of the prop 8 hearing on our website at abc7news.com. >> happening right now a look at the flags flying at city halls in several bay area communities. we will tell you where they stand on same-sex marriage. kira klapper is live in berkeley to show you what we mean. >> good morning to you, eric. berkeley, oakland, san leandro, alameda and hayward all are flying the rainbow flag today. supporters of marriage for same-sex couples are opt

now the question with the prop 8 pro opponentpoen -- proponents when there was no one to prop up propf you will the prop 8 proponents said we'll take it and run with it. the question got to the california supreme court which said the prop 8 proponents were adequate representatives of the state's interests, and the ninth circuit took that and let them appeal, and they stuck down prop 8, and the court itself grappled 4-4 pretty much with whether or not to take this case and listen to the california supreme court based on its standing. >> michael: if anything is consistent it is how unpredictable they are. do you think the court is going to rule in that way? obviously it's just guessing. >> it is just guessing. this is the wild issue here. chief justice roberts seemed to be a bit ambivalent on whether or not to join the liberal justices, but justice kennedy and justice alleyia and sal -- scalia and i'm guessing silent justice thomas -- we just don't know. ultimately justice kennedy is really going to hold all of the cards here. and i don't think if the four liberals will follow him. but

i would say whatever the court says about prop 2 would have the same impact on prop 209. >> the supremeaffirm the antiaffirmative action law in the fall. one footnote on the matter of prop 8, connelly has opposed prop 8 calling it discrime in a tori against same-sex couples. >> and thanks for joining us for abc 7 news at 4:00. a reminder abc 7 news alarm clock app is available now for your android and on google play. it's still available if have you an iphone. >> what it took to end a debate about how to fix that road. >> live from the roof of the kgotv broadcast center. chances of showers this week, i'll let you know if this will affect your eastern plans coming up. >> checked with amber alert. and the plates matched. >> an alert worker turns crime fighter helping police rescue a baby from a car. you'll hear from him as well as the first officer on the scene, next. >> good evening, i'm dan ashley. >> there is relief that a baby girl is safe after a five-hour ordeal to find her. >> her mother says the jeep was stolen near highway 680. the jeep was found about six miles away near east ca

8 with these plaintiffs, to get prop 8 to the supreme court. quickly retell that it's a fascinating back story. >> mosh than four years ago, when president obama was elected in that historic election. something terrible happened. in that in california, the hateful proposition 8 was passed by a slim majority of those voters. and i and some colleagues of mine, rob and michelle and christina shocky, someone mentioned that ted olsen might in fact share our view on marriage. i have to admit, chris, i was initially doubtful. but i began a series of conversations with ted and ultimately discovered that he believed in it personally. and he believed in it as a fundamental constitutional right. we filed the case with these four plaintiffs nearly four years ago and we won at federal district court. we won at the court of appeal, i'm optimistic of what will happen here. by bringing ted olsen and david boies together, two lawyers that were on the opposite sides of bush v gore it allowed us to lift the partisan veil that we always discussed in the issue of m

wells the opponents of prop eight on the other hand claim that gay couples have a fundamental right to marry under the equal protection clause of the fourteenth amendment by california district court and the united states court of appeals for the ninth circuit have already sided with proposition eight opponents in previous litigations. tomorrow the court will hear arguments in the case of united states of the windsor this second same sex marriage case in front of the supreme court concerns the defense of marriage act signed into law by bill clinton the one nine hundred ninety six law prohibits the federal government from offering gay couples the same tax breaks and benefits accorded to straight couples even if those couples live in a state like massachusetts where gay marriage is legal according to petitioner edith windsor the act's ban on federal recognition of state law violates her fifth amendment equal protection rights bill clinton by the way now opposes the defense of marriage act that he signed into law the two cases are the supreme court's biggest since last year's inquiry into

prop k isn't the only funding source in town. we'll get a sense of equity. >> miss lombardy, when is that map going to be online? >> there is going to be one at our website. the board meeting next week, we'll show you a quick preview. >> very good. >> i will come back to that equity section in a couple more slides. with unquestion is why we are doing this now. we do this every four years to coordinate with the regional transportation plan update because both from the prop case, we provide input to the regional transportation regarding what priority and what kind of programs they want to see. when ftc creates programs and we have to update our -- we want to make sure we are lining up projects. it very much a process. this particular update allows us to coordinate with the san francisco plan update. an is we see recommendations coming out of the san francisco transportation plan this is an opportunity to do that. there is draft is due out in june, july timeframe and that's perfect for providing feedback for these 5 ypp's. how are t

this prop k allocation supplemented from a target fund. the sfmta anticipates construction of all improvements will be completed in august 2014 and with that i can take any questions. i am aware of that sfmta managers are here as well. >> commissioner campos. >> thank you very much. i wanted to just ask a couple of questions. i think that these projects are very very important and i know that for a lot of neighborhoods, a lot of districts this is something that's going to improve the service. i was wondering if you could talk about the level of coordination between the two agencies, between the ta and the mta. one of the discussions we had in the past is making sure that we have as much coordination as we possibly can, and that there is as much efficiency as possible, and i am just wondering if you can talk about, and also if you can talk about whether or not you anticipate any cost overruns in any of these expenditures and completeod time? >> for all of the projects? >> yes. >> i know they have coordinated to some extent, obviously on the

they said we won on prop 8.t happened, two weeks later there were protests around the world, everybody was energized people came out in the streets, straight, gay, and everybody else, and look at what hand. 40% in 2007 and 58% today. >> cenk: so who is going to vote in favor of getting rid of prop 8? >> well, i think that kennedy and roberts -- >> cenk: really? you think it will be 6-3. >> that's what i think. i think the same on doma. we may even do better on doma. >> cenk: man, you are full of boldness today. but you mentioned earlier it could be a narrow ruling. what would that mean and what would be the effect of that? >> in both cases they could decide not to decide. they could say we don't think that the people who are appealing this in other words the proponents of prop 8, we don't think they have the standing or legitimacy to be before us today, and we're just going to let the previous court ruling stand. that could happen. >> cenk: in which case prop 8 would loose. >> exactly. >> cenk: but that would no

they argue prop 8 should -- yet even some conservatives say that prop 8 should be overturned. now prominent republicans including the head of hewlett packard meg whitman, former new jersey governor christine todd and clint eastwood have joined more than 100 other republicans supporting same sex marriage. now although 41 states do not allow same sex marriage, just 20 have filed briefs defending the ban. and there is also a frauing list of companies that support same sex marriage saying it's good for business. bay area firms on that list include clorox, google, facebook, levis, and hewlett packard. now for more on the legal battle over same sex marriage you can go to our website ktvu.com. we posted the full transcript of the prop 8 oral arguments and you can click on the same sex marriage tab. >>> time now 5:49. the city council approved the arena deal the one aimed at saving the city's nba franchise. now the city would about half. sacramento's arena plan will go before a panel of the nba owners one week from today. that committee will weigh sacramento's plan along with a compet

they argue prop 8 should -- yet even some conservatives say that prop 8 should be overturned. now prominent republicans including the head of hewlett packard meg whitman, former new jersey governor christine todd and clint eastwood have joined more than 100 other republicans supporting same sex marriage. now although 41 states do not allow same sex marriage, just 20 have filed briefs defending the ban. and there is also a frauing list of companies that support same sex marriage saying it's good for business. bay area firms on that list include clorox, google, facebook, levis, and hewlett packard. now for more on the legal battle over same sex marriage you can go to our website ktvu.com. we posted the full transcript of the prop 8 oral arguments and you can click on the same sex marriage tab. >>> time now 5:49. the city council approved the arena deal the one aimed at saving the city's nba franchise. now the city would about half. sacramento's arena plan will go before a panel of the nba owners one week from today. that committee will weigh sacramento's plan along with a compet

how many people will vote for prop b? >> yes. >> how many of you can think of at least two or three or four people in the next couple of days that you can talk to to make sure that they are voting for prop b, because that is it what it's going to take. we are within one or two percentage points ever victory. the people that you talk to could be the people that make the difference in that election. i want to thank the mayor and our supervisors, and phil ginsburg for putting us on that bond. let's get prop b passed, shall we? [ applause ] so we're going to turn some dirt and we're going to start a library. thank you all for being here today. you made this happen. [ applause ] >> thank you, julie. well-done, julie. thank you. thank you. mr. mayor, will you have the honors. district supervisors, mohammed, phil, julie, come on down here and grab yourself a shovel and we're going to have a countdown. are we ready? let's have a countdown. on the count of 10, 9, 8, 7, 6, 5, 4, 3, 2, 1! north beach branch library!

appreciate, that the proponent of prop 8, his life will not change.e will not be impacted by allowing same-sex couples to marry. for that reason he has no stake in the outcome of the case and for that reason, he should not be allowed to bring the case on appeal to the united states supreme court. on doma, i think that justice ginsberg was brilliant in simplifying it and bringing it down to a basic one, we're creating two systems one, one full marriage and the other one skim milk marriage. and we'd have to have a really good reason to treat people differently when it comes to what otherwise should be an equal protection. and i hope the court, is in the end, recognize that as we have recognized in california, 61% of californians are in favor of same-sex marriage. the majority of americans and catholics are in favor of same-sex marriage. and it is important that we continue on a path as this country has acknowledged. we have to be dedicated to equal rights and equal protection under the law. >> justice kennedy, who arguably could be a key vote on this ca

the prop 8 case on tuesday. and both of them come here as public support for same-sex marriage is growing. different political climate than just four years ago when prop 8 became law. lester? >> pete, thanks. >>> at the vatican today, pope francis celebrated palm sunday mass before a crowd estimated at 250,000. he marked the start of holy week by encouraging people to be um balance and joyful and to lead simple lives. the pope from argentina announced he'll travel to neighboring brazil in july after the mass he climbed into a pope mobile to move among the crowd showing once again he enjoys connecting with the faithful. >>> when "nbc nightly news" continues on this sunday -- making and watching tv in a whole new way. inside the netflix revolution. >>> and later, the city that went from one of the fattest in america to one of the fittest. >>> the days of rushing home or planning your night around catching your favorite network tv shows are largely gone, thanks to the dvr, which of course allows people to watch whe

and then i'll talk about the couple of amendments that we introduced just last week addressing prop c. and i'm going to just go through the [speaker not understood] digest, it does a good job of summarizing the modifications. and on the second page of that are a series of bullet points that reference the clarifications we're making through legislation to the planning code. the first is that in this legislation we're providing an explicit cap on rent increases. landlords who own rental units under the inclusionary program cannot bank the increases in rent level. so, the rent levels increase as the area median income increases and landlords need to be judicious about updating those changes be they an increase or a decrease annually. if they fail to update those increases, they won't be able to then bank and charge in a lump sum to existing tenants. we're also clarifying this is consistent with our current policy, but clarifying for those developers and owners who choose to meet their requirement through an off-site option, the off-site units need to come online. at the same time or in a

2 would have the same impact on prop 209.r: supreme court will review michigan anti-affirmative action law in the fall. in the newsroom, abc 7 news. >>> now to the alert teenager. 15-year-old in san leandro was followed home by someone she thought was creepy. she told her family. they confronted him. alton with the son did not explain his behavior. family called the cops. found watson couple blocks away. record check revealed he's convicted sex offender who was on parole for committing sexual saw. watson was arrested. police say the teenager may have avoided getting assaulted. >> there are new questions tonight about the colorado prison chief gunned down in his doorway. some say his death was pay back for trying to break autopsy white supremacist gang in the prison system called 2 11 that takes the name from california penal code for robbery. here's dan harris. ♪ ♪. >> today at memorial service for colorado prison chief tom clement wrenching words from his wife. >> tom and i were watching tv and our door bell rang. my life is

torment prop 8 arguments. on wednesday it's arguments about the federal defense of marriage act that denies federal benefits including tax benefits to same-sex couples who are married in states that allow that. let's go live to cheryl hurd in san francisco for tonight's same-sex marriage rally. cheryl? >> reporter: steve, the fight for gay marriage is being heard all over the bay area. as you can see they are preparing for a marsh that starts in the castro and will make its way to san francisco city hall. chris worthington is holding one of the rainbow flags that will fly at city hall on tuesday and wednesday as the supreme court hears oral arguments on prop 8 and defense of marriage act. >> i don't think the purpose of flying the flag in oakland, berkeley or san leandro is to try to change the supreme court's mind. it's to give encouragement and support to people that believe in marriage equality. >> reporter: it makes sense for support to come from the city of berkeley. two of the plaintiffs in the case to o

supreme court heard arguments on 2 same sex cases including california prop 8.>>reporter: for those who couldn't sit in on the supreme court historic debate there was an opportunity tonight to hear excerpt of what the justices said and talk about what is likely to the happen next this group of bay area residents listened intently during a panel discussion at the lg bp community center in san francisco. they heard some of the oral arguments from the supreme court this week about prop 8 and defense of marriage act or d o ma. experts gave their take on what was said. matt is the deputy national legal director for the american civil liberties union. >> i think very good chance the court will strike d o ma down. i don't think it's going to be in a sweeping ringing ruling but i think very good chance the court will striking it dow down. >>reporter: to prop 8 they believe the court will decide the case wasn't properly brought before it because the state didn't appeal. >> that sends the case back down to the very first court that heard it district court. but the end res

is, should we look these justifications as applying -- are the same that apply equally in both the prop 8 challenge and to the doma challenge? >> some of them only apply to doma. and understand what you mean by uniformity, but it is for the justification of the defense of marriage act. >> by uniformity -- ? >> as i a understand it, for simplicity sake, the federal government does not want to discern between different gay couples and they want to treat them equally as bad. as unmarried. >> there are lots of gay couples that which they were married and are not married and they will not get all the benefits of treatment by the federal government. in other words, in order to treat all same-sex couples as unmarried, we will treat them all the same. thehat congress said in defense of marriage act is that -- the interest here is making sure that a married couple in texas is treated the some -- the same as a married couple in massachusetts. so that it is uniform throughout. >> there are two categories of married people, those that get in and those who do not. we are distinguishing would sheen -

among them the justice cost over turn prop 8 making ban on same sex marriage unconstitutional. upholding prop 8 would permit the ban on same sex marriage to remain in place in dozens of states including california. court could also strike down prop 8 because people defending it don't have the trite do so effectively allow same sex marriages to resume in california. and the court takes up a separate issue. d o ma. defense of mirj act on wednesday. ruling is expected in june. >>> in washington vigil took place tonight outside the supreme court and across the street about 30 die hard braved snow and freezing temperatures since last week and hopes of getting seat for tomorrow oral arguments. >> california lieutenant governor newsom attorney general harris and san francisco city attorney hererra all at the smraem court tomorrow the as well. all having played a key role in california same sex marriage movement. and chief justice john roberts lesbian cousin jean pad will also be there exploratorium resident. hoping to marry her partner after the court ruling. now carolyn is in washing

we'll be looking at our prop k program to see if we can provide some of the paving funds. finally the 24th street bart station the northeast, southwest plaza, the construction is upgrading the plaza area. the project didn't score as high because it's a focus plaza. improvement as opposed to being a multi-corridor project. the next steps again, april 29, we'll 11 oh bag application and may 22nd we'll go through our process and the authority board hoping to get final recommendations to the mta. with that i will take questions. >> thank you just a quick question to the projects. the way you talk about corridor was different from balboa where the latter 3 didn't score well, man sell didn't say that. we are still in the design phase to discuss. i'm really interested in seeing that this can get funded and how can we make sure that actually happens. there is a great deal of support from all around maclaren park to see some major improvements here. what was the liked likelihood of that. >> i would take to you page 65. the table that outlines the projects. you can see right now wit

and the same may be true in the prop 8 case.he four plaintiffs there were held by the diss record to be entitled to an injunction ordering the state to grant them a marriage license, they certainly be able to get a marriage license if the decision is upheld. even if it is satisfied on grounds of lack of jurisdiction. -- set aside on grounds of lack of jurisdiction. what other impacts will have? any other thoughts on jurisdiction or other fact that our audience should know about before we proceed? oflet me mention one aspect the prop. 8 standing that allen did not have a chance to get into, that is, the specific kolding of the california supreme court was that the prop 8 proponents represent and are entitled to certain interests of the state in a litigation. the court did not reach the separate question that the ninth circuit court certified to it, whether the prop. 8 proponents had a particularized entrance -- interest. i think it is clear that they will prevail on the standing issue and the court will be decided the case on the

8 is say -- prop 8 is unconstitutional.'s struck down and replies only to california. it's not a sweeping ruling. and that then allows us couples in california to get married. but then the other shoe that will drop will be couples in other states that will then, you know maybe go to california, gets married, go back to their home states where marriage equality isn't legal. file suit. in those cases bubble up to the supreme court that might possibly elou them to make a more sweeping ruling. i called that in an earlier piece. i called that the supreme court punting on the issue. buying themselves some time to -- >> buying themselves some time for down the road. >> jonathan capehart, thank you for the time. >>> deal or no deal -- where is the senate on immigration reform? the strategy session is next. on "andrea mitchell reports." water, we take our showers with it. we make our coffee with it. but we rarely tap its true potential and just let it be itself. flowing freely into clean lakes, clear streams and along more fresh wat

>> besides the merits of the case, the justices must decide if prop 8 backers even have the right to be in court since the state is not defending the voter-approved ban. sacramento says absolutely. >> and if it is determined that the initiatives passed by voters can be vetoed by the government officials, the initiative was designed to circumvent, and then that would be a fatal blow to the initiative process. >> the plaintiffs from berkeley brought their 18-year-old twin sons and they say they just want to be tweeted equally. >> in this crai -- in this country as children we learn that there is a founding principal that all men and women are created equal. we want this equality. >> tomorrow another blockbuster same-sex marriage case. the jus advertises -- the justices will weigh in on the defense of marriage act. it denies federal benefits to legally married same sex couples. i will be in the courtroom and i will bring you live reports. carolyn tyler, abc7 news. >>> here at home many are feeling cautiously optimistic about those taking on same-sex marriage. lisa amin gulezian joins us

>>reporter: on the eve of the supreme court hearing arguments on california prop 8 she sent this would the woman she wants to marriage. >> not just for straight people i want to get married. this is my lover and hope she says yes and hope the supreme court says yes. >> they love each other a lot and i support them a lot they are really cool. >>reporter: then time to take the message to the street. march and castro to city hall. >> several thousand people joined in the march escorted by police. >> important for the world to see that. this is real people lives and we want same equality as everybody else. >>reporter: we were overhead as the march wound its way down market street. to the steps of city hall. where the rallying cry got even louder. >> supervisor scott weiner and nine years ago we made history in this building by leading the way for marriage equality. [applause] we are going do it again tomorrow when the supreme court takes prop 8 and d o ma and puts them on the garbage heap of history where they belong. [applause]. >>reporter: group which organized tonight march plans to hol

the private parties to you can't defend prop 8.no rational basis that says same-sex the court to believe tries not to bite off the whole apple. the supreme court since fled the political process work this out. they say every state has a constitutional right for marriage, is more likely. >> they want light of the federal law? >> that as a whole other series of fights. there's a very clear path in this case as they the people that are fighting to protect prop 8 do not have a right to stand and the court room. the marriage would come back to california this summer. >> this is something we are watching through out the morning. also coming in just this morning, and italy there top court just decided today that they are ready to do every child of amanda and hawks.knox. does shee to go back? >> looking at the facts, this is one of the most bizarre cases. there is some part of some weird sex party one night with drugs, four people were involved. this college kids lashed out this friend of hers. the prosecutor had a lot of missteps in the c

supreme court heard arguments on 2 same sex cases including california prop 8.amma is here with more. >>reporter: for those who couldn't sit in on the supreme court historic debate there was an opportunity tonight to hear excerpt of what the justices said and talk about what is likely to the happen next this group of bay area residents listened intently during a panel discussion at the lg bp community center in san francisco. they heard some of the oral arguments from the supreme court this week about prop 8 and defense of marriage act or d o ma. experts gave their take on what was said. matt is the deputy national legal director for the american civil liberties union. >> i think very good chance the court will strike d o ma down. i don't think it's going to be in a sweeping ringing ruling but i think very good chance the court will striking it dow down. >>reporter: to prop 8 they believe the court will decide the case wasn't properly brought before it because the state didn't appeal. >> that sends the case back down to the very first court that heard it distric

next week, it will consider california's ban on same-sex marriage prop 8. daniel learned chief justice john roberts has two adopted kids and decided to send him a letter, sharing it on youtube before sending it off. >> when he reads the letter, i want him to please ask. >> next week's supreme court hearing will be emotional. >> well, it's never a good feeling to have your future in somebody else's hands. but we're nervous, you know. but we understand it's on an uncertain outcome, but we're also very hopeful. >> whatever the court decides, they'll get through it together. >>> we'll be watching for updates on the supreme court hearing next week. the city attorney's office will be there fighting for them. reporting live in san francisco, nbc bay area news. >> the lesbian couple in the center of the prop 8 case also spoke out today. crisper ri and sandy spear have been faces for the fight. the two berkley mothers say they're going into tuesday's supreme court hearing confident. more than 130 elected officials have voted overturning prop 8 and 61% of california

. >> one of their lawyers will have 20 minutes to argue this case against prop 8, likely face qegs on whether the vote of the people in california should be overturned. and supporters will be represented by charles creeper, arguing the kiss in federal court. cooper will have 30 minutes and likely face questions on whether supporters have legal standing in this case since california's attorney general won't defend the law. >> when we talk about fundamental rights as it relates to the constitution we're talking about those rights that we as a nation designated as most sake kret of rights we can have. >> adding a dozen times the supreme court described marriage as a fundamental right. the supporters say california voters have made the call. >> we should not allow the federal judiciary to zroit vote of the people. especially on something as old and good as marriage. >> many observers say the justice anthony kennedy could be the swing vote in the 5-4 decision. he struck down antigay laws in texas and colorado but also a strong advocate of state rights. and in 2008 did vote for the ban. >>

two gay couples challenged the ban on prop 8. pete williams has all the details. >> reporter: arguing their case, ted olson who joined with david boys, one foes over the 2011 election in florida. >> this is not a democratic issue or republican issue or conservative or liberal. this is an issue of american constitutional rights. >> reporter: defenders of prop 8 say because only opposite sex couples can produce children, it makes sense to limit marriage to them. >> it is impossible to know with any certainty that changes that would be worked on sow side site by redefining -- society by redefining marriage. >> reporter: they were skeptical that pro creation is the reason to accept marry. >> we're not going to give marriage licenses any more to any couple where both people are over the age of 55. would that be constitutional? >> reporter: the court's conservatives were equally skeptical that gay couples have a right to marry. >> whether did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868 when the 14

among them the justice cost over turn prop 8 ot making ban on same sex marriage unconstitutional.upholding prop 8 would permit the ban on same sex marriage to remain in place in dozens of states including california. court could also strike down prop 8 because people defending it don't have the trite do so effectively allow same sex marriages to resume in california. and the court takes up a separate issue. d o ma. defense of mirj act on wednesday. ruling is expected in june. >>> in washington vigil took place tonight outside the supreme court and across the street about 30 die hard braved snow and freezing temperatures since last week and hopes of getting seat for tomorrow oral arguments. >> california lieutenant governor newsom attorney general harris and san francisco city attorney her at t tomorrow the as well. all having played a key role in california same sex marriage movement. and chief justice john roberts lesbian cousin jean pad will also be there exploratorium resident. hoping to marry her partner after the court ruling. now carolyn is in washington tonight. she has alr

supreme court heard arguments on 2 same sex cases including california prop 8. is here with more. >>reporter: for those who couldn't sit in on the supreme court historic debate there was an opportunity tonight to hear excerpt of what the justices said and talk about what is likely to the happen next this group of bay area residents listened intently during a panel discussion at the lg bp community center in san francisco. they heard some of the oral arguments from the supreme court this week about prop 8 and defense of marriage act or d o ma. experts gave their take on what was said. matt is the deputy national legal director for the american civil liberties union. >> i think very good chance the court will strike d o ma down. i don't think it's going to be in a sweeping ringing ruling but i think very good chance the court will striking it dow down. >>reporter: to prop 8 they believe the court will decidethw the case wasn't properly brought before it because the state didn't appeal. >> that sends the case back down to the very first court that heard it district

this is the argument -- this is one of the main arguments made by the proponents of prop 8. proposition 8 hitting the pause button and allowing the political process to play out. justice samuel alito said today that he's concerned about recognizing a right to same-sex marriage that he described as newer than the internet and cell phones, and he described that the political process should be allowed to take its time. some of the liberal justices did mention, as you did, that the court made a decision about interracial marriage relatively quickly, but the conservatives said, no, actually that played out over many years. so that, i think frankly, that argument cut both ways. >> was loving versus virginia relied on heavily in the arguments today, referencing it? >> reporter: no. >> when we talk about the kennedy bringing up the uncharted waters territory, that reference there, do you think that that provides potential cover as we look at states' rights issues over the equality of gay rights in general? >> reporter: that gets into tomorrow's case when you're talking about states'

but things are more complicated if prop 8 is struck down. a broad ruling would allow same-sex marriage in california. it would also apply to similar state laws across the country. a middle of the road option known as a nine-state solution would apply to states that only allow civil united nations. it would not affect marriage bans in other states. and a narrow ruling would allow gay marriage only in california. but the justices could also decide that sponsors of prop 8 don't have the proper standing to represent california in the case. that could allow a lower court decision to declare prop 8 unconstitutional and to remain in place. a lot of options there. watching from inside the courtroom will be chief justice john roberts' cousin who is gay. she told the "l.a. times" he's a smart man. he's a good man. i believe he sees where the tide is going. i do trust him. i absolutely trust that he will go in a good direction. earlier this month, senator rob portman entered the debate, reversing his stance on the issue when he revealed his son had rec

we're probably not going to get some sort of sweeping ruling on prop 8.e, the case from california, this is the proposition passed by 52% of voters that stopped same-sex marriage in the state. it seemed like the supreme court is just not ready to rule one way or the other on it. they're going to find some way to send this case back to california stamped incommittee either by saying that the prop 8 proponents did not have the correct legal standing to enter the court in the first lace, or they're just not ready to decide it. people may think that's weird but the security doesn't have to take any case and there are sometimes situations where they say we're just not ready. on doma i think they will. >> the marriage act? >> the defense of marriage act, signed by president clinton in 1996. it says the it federal government cannot recognize same-sex marriage even in the states now numbing nine plus d.c. i think the court will find some way to strike doma down, with but that will not affect any state in terms of whether it has to allow same-sex marriage. >> you

well, because of our city's universal pre-k prop h dollars and because of our prop 10 investment of uce, we have been not only reimbursing programs, families to have a free half day program for four-year olds, but we've also developed a pretty comprehensive quality approvement system with pathways to quality. so, we invest in a lot of ta, a lot of coaching on-site, a lot of other things like mental health consultation, developmental screening, things like that, all to improve the quality. within the long run, to improve outcomes for children and that they're ready for kindergarten once they turn five. >> thank you. >> other questions? all right, thank you very much. appreciate it. >> thank you. >> we have no vla report here for item number 3. at this point like to open up to public comment. any members of the public who wish to comment on item number 3, please stip fa step forward. seeing none, public comment is closed. >> approve with recommendation. >> we have a motion to a march aye number 3 and we can do that without opposition. mr. clerk, can you please call item number 4? >> item

today's hearing on prop 8 starts at 7:00.tices are considering the constitutional of california's ban on same-sex marriage. today, they will take up the fell defense of marriage act. >> supporters of same-sex marriage rights rally this afternoon in san francisco and they will gather at 4:00 at the federal courthouse. yesterday, several thousand people turned out for a march and rally at city hall. >> number three, fire crews in alameda are investigating the cause of a fire that destroyed part of a three-story apartment building this morning breaking out on park street near san jose avenue before 2:30. the red cross is helping half a dozen people displaced by the fire. >> after decades in the making the new tunnels of highway one between pacifica and half moon bay are open for traffic this morning. the drivers can now bypass the steep winding portion of coastal highway known as devil's slide which is vulnerable to rock-slide related closures. >> the search is underway for a person who stole a scar with --r with a baby in it. g