we will have judge vaughn walker's decision the moment it happens. it's being transmitted electronically here on nbc bay area and online at nbcbayarea.com. >>> nearly 500,000 americans showed up to the unemployment office for the first time last week. scott mcgrew is joining us and says that is not good news. >> it isn't. the biggest jump for first-time jobless claims since last february. another 4.5 million americans filed continuing claims. though are still out of work. doesn't include folks using extended benefits beyond that. the ones that state and congress have offered. nbc got together with the "wall street journal" and ran a poll asking how do americans feel about the economy and two-thirds think the economy is not just not getting better but getting worse. actual economic data doesn't support that. generally speaking things are getting better, but the speed at which they're getting better is slowing down. kris, even if you have a job, you may know several people who don't. your house may not be in foreclosure, but i know in my neighborhood i

the state will be checking their blackberries sometime after 9:00 this morning to see if judge vaughn walkerd this stay, which would allow gay and lesbian couples to marry again or whether the ban will stay in place. now, last week, walker invalidated proposition 8 which was passed by california voters in 2008 and banned same-sex marriage in california. he did that and then he put a stay in place that basically froze everything. proponents of the ban are looking for a reversal of walker's decision from the ninth u.s. circuit court of appeals, while lawyers for the two couples that challenge proposition 8 have asked walk tore stwalker to stay. there are already couples out here at city hall, and we are told everything at city hall is in place to make those marriages happen if the ban is lifted. reporting live in san francisco, christie smith, nbc bay area news. >> thanks. >>> so exactly who is judge vaughn walker? he was born in 1944, did his undergraduate work at michigan, and then graduated from stanford law in 1970. he was nominated to the federal bench by ronald reagan back in 1987, he ra

---asi lo decidio hoy el juez federal "vaughn walker", quien les dio plazo hasta el 18 de agosto a los opositores de los matrimonios gay, para que presenten una apelacion Á lida al fallo que declaro inconstitucional la proposicion 8.---la semana pasada, "walker" anulo la prohibicion de estas uniones en california porque viola el derecho de igualdad garantizado en la constitucion estadounidense.---el magistrado determinara si se pueden reanudar los casamientos entre personas del mismo sexo el proximo miercoles. ---hoy se vivio una jornada muy emotiva en la municipalidad de san francisco... desde temprano en la maÑana, varias parejas del mismo sexo se formaron a la espera de la decision del juez "vaughn walker", con la esperanza de solicitar licencias de matrimonio y casarse.---pasado el mediodia, la algarabia invadio la alcaldia, pues por varios minutos pensaron que el juez habia decidio dar luz verde a la celebracion de los matrimonios gay... sin embargo, la realidad fue otra. ---a las 12:30 de la tarde, el juez "walker" anuncio que esperara unos dias antes de dar luz verde a estas uni

in just a few hours, that judge, vaughn walker, will decide whether same-sex couples can begin getting married immediately, those marriages can resume, or is he going to say "no" while the case goes through the appeals process. we'll have a live report. >>> bart discovers it has some more extra money, and now it's got to decide how it will spend it. >>> and we'll tell you about the honor for a san jose rose garden that's come back from a state of the disrepair. i get that rose garden is loving this weather right now, a little bit of cool days with a little bit of sunshine. >> definitely cool. [ laughter ] >> where's that warmup? >> we're waiting. but first, let's get you out to door, find out what's happening with our commute. good morning. >> if you are heading towards the lower deck of the bay bridge heading towards oakland, the off-ramp at treasure island is still blocked. there was an accident there actually a couple of hours ago but they still have the off- ramp closed, still have clean- up to do. they were hoping to get the off- ramp re-opened by 5:00 this morning. hopefully the

but it's judge vaughn walker's decision. he has yet to make it. we're stabbedding by live here and will let you know the minute we know. reporting live at the federal court house, abc 7 news. >> thank you. and a federal judge set a march 2011 trial date for barry bonds charged with perjury for telling a federal grand jury he never knowingly used steroids. but the founder of the lab creating the drug says there is no evidence directly linking bonds to drug abuse. >> a positive mlb test is for a thg. it doesn't mean he knowingly took that. it would be easy for someone to rub a cream on you and create a positive test. so the idea is that he knowingly used drugs? that is a big difference than having a positive test. he says he does not expect to be called as a witness for either side. >> president obama is urging congress to pass a bill to help small businesses after the disappointing report on unemployment. the labor department found july's unemployment rate was 9.5%, unchanged since june. private employees added only 71,000 jobs short of what is nee

. >>> judge vaughn walker is expected to announce his decision this morning on whether he will allow same-sex marriages to resume in california while the debate continues over his proposition 8 decision. >>> santa clara city planners will allow a minaret to be built on a mosque. the reaction to that decision. >>> and a national honor for san jose. isn't this beautiful? the city's rose garden has been named the best rose garden in the country. >> love that smell. >> imagine how nice that would be to just go and be surrounded by roses? >> head down to san jose. >> okay. well, let's find out what the commute holds. >> there is actually a problem northbound 101 approaching oakland road. fire crews are now blocking the right lane of traffic so it is ver slow there. extends beyond the 680 interchange. the accident is an injury accident, fire and emergency crews are on scene now. still have a stalled big rig in napa 29 by 12, that big rig is blocking labors. a little congestion through antioch, just the usual stuff going on there. that big rig is blocking lanes. no issues through marin. tha

that will determine the outcome here. >> suarez: professor george, many times during the a case vaughn walkerjudge walker, cited as support for his view previous supreme court rulings, notably involved gay rights in texas and in colorado . does that bind an appeals stkphort do they have to defer to supreme court precedent? >> yes, but there's not a precedent that is on point here. it's a fresh issue as far as the court of the united states is concerned. now there's an irony and peculiarity here, especially with the texas case you're referring to which i believe is "lawrence v. texas" which struck down a texas anti-sodomy law on constitutional grounds and in that case the decisive vote was cast by justice kennedy who in his opinion said now, look, nothing in this ruling, nothing in my argument here is meant to have bearing one way or another on the marriage question. but justice scalia writing by way of criticism of justice kennedy in dissent said don't believe it for a moment. so here's the irony, ray. it's going to be people on the anti-prop 8 side who will be saying scalia had that one righ

yelled the chief district court judge vaughn walker overturned the marriage been on same-sex marriages and with that stay pending, the alliance defense fund, the attorneys representing the sponsors of prop, told us they have filed their appeal and submitted their paperwork to the judge before tomorrow's deadline. and they will remain the judge the attorney general and the governor arnold schwarzenegger stand by the will of the people. >> that radical more than 7 million californians to protect marriage as they've always known it. what is radical for a judge to force the rest of the people of california to accept an idea of marriage that is being put forth by a handful of activists. >> they stated -- i'm sorry to hear that. did you get any? >> we're trying. >> they arrived to get couples married here yesterday at city hall before a stay against the ruling was announced. but san francisco's city attorney told us no one knows at this point when a decision could come down on whether same- sex marriages will resume. >> so we'll be prepared to argue in our breaux life why a stay is not requi

judge vaughn walker says he will decide by noon whether to lift the stay that would allow gay couples to marry. prop 8 supporters continue their appeal and vicky nguyen spoke with a couple who are anxiously awaiting today's decision. >> this is the application for the city and county of san francisco. >> reporter: tom watson and jeff, together for nearly seven years. what happens will change their lives forever. >> we're hoping the judge will lift the stay and we can get our license and to be married there during that period. >> reporter: they joined in domestic partnership but say marriage should be considered a constitutional right for everyone. >> to me, it means having the same rights as everyone else. >> last september we had our commitment september. in honor of it we had a portrait commissioned of the two of us. >> reporter: the couple who met through their blogs say no matter what happens they feel the tide is turning for the better. >> how do you feel right now. >> i feel optimistic. >> reporter: vicky nguyen, nbc bay area news. >>> judge walker's decision is expected to come

we don't miss out on that while the courts do what they need to complete the process. >> judge vaughn walker overturned proposition 8, the same-sex marriage ban last week. as early as tomorrow, judge walker could let his ruling become law immediately or issue an extended stay, preventing -- preventing gay marriage. attorney general jerry brown filed a motion requesting the gay weddings resume as eric and matt are optimistic the judge will rule in their favor. >> it was a game changer. >> but the uc hastings law professor says there is no way to know how the judge will rule. one factor he must consider is who will be the most harmed if he does or doesn't allow gay weddings to resume. >> 52% of the voters voted for prop 8. and their legislation has now been struck down. that's a serious matter. you can't just laugh that off. on the other hand, you have to balance that against the real people who are saying, look, we're harmed every day. it is unconstitutional. >> you may now kiss your bride. >> maria and juditha exchanged vows and are hoping their marriage will soon be legal. still, they are e

yesterday, federal judge vaughn walker said same-sex marriages can resume on wednesday at 5:00 p.m.is after he overturned the state's voter-approved ban on same-sex marriage last week. after yesterday's announcement, proposition 8 supporters appealed the decision that allows gay marriages to continue. now the ninth circuit court of appeals could decide before wednesday that same-sex marriages can continue while the case works its way through the appeals process. and there was frustration from both sides yesterday. >> it's just this dream that's just a little bit out of reach. and for a moment, i felt like i was equal. i felt like a real american and i just -- there's just this roadblock that's there and it's so frustrating. >> 7 million of them voted on this constitutional amendment to support prop 8. and one unelected judge just trampled on their civil rights. >> some say legal scholars say the prop 8 case may not even make it past the ninth circuit could the u.s. supreme court. robert lyles says it's because of leland mines in the appeals process. >> it just seems very unlikely th

the two sides in the prop 8 court case will submit briefs to judge vaughn walker today. the issue is whether to continue a stay on same-sex weddings while his ruling against prop 8 is being appealed. that could take a year or more. >>> two men are under arrest for a burglary on east 12th street in oakland early this morning. there could be more arrests since the burglary was at what may be an illegal marijuana growing operation. >>> and the old transbay terminal will close for good at midnight to make way for construction of a new one. tomorrow, this, a temporary terminal in san francisco will be the new drop-off point for a.c. transit riders from the east bay into the city. the original terminal opened way back in 1939. >>> san jose city leaders are showing off the city's newest and largest solar installation. a giant solar panel was installed at power integration a company that provides energy- efficient power for a variety of electronics. the installation is made up of, get this, 2500 panels and cover an entire parking lot. the system is expected to cut more than 10,0

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

same-sex couples erupt in cheers after hours of waiting, news spread federal judge vaughn walker decided to let marriages resume. >> finally, it's happening. >> reporter: then came the details. weddings can't begin until end of business august 18th. >> i'll be back in another week. >> reporter: while couples wait it out, the legal battle over same-sex marriage moves forward. 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 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 mar hugs resume and now backers must convince the court of appeals it should be allowed to argue the case. >> i th

judge vaughn walker issuing his order. the next legal moves and why prop 8 supporters may not have much of a legal fight. >>> and it is confirmed now. the same man is responsible for all three attacks at the same walnut creek -- contra costa county apartment complex outside walnut creek. s in a new sketch that's been released. first out the door and to work on this friday. >>> sig alert in effect because of an overturned 18-wheeler reported a half hour ago. that truck, huge truck, was carrying about 20 tons of fertilizer bags. a lot of those bags are scattered all over the roadway two left lanes are blocked but they are going to need sweeper crews and shovels. it takes a while to upright a big rig. in the meantime use ace. you can see the delays approaching first street aren't bad. most the slowdowns approaching the accident scene but already we are seeing up to or close to 10-minute delays for your westbound 580 ride if you are coming out of tracy. watch out for that. big problems for the morning commute. that is your tra

judge vaughn walker finally let marriages resume. >> finally, it's happening. >> reporter: then came the details. weddings can't begin until end of business august 18th. >> i'll be back in another week. >> reporter: while couples wait it out, the legal battle over same-sex marriage moves forward. 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. >>

judge vaughn walker ruled yesterday that a ban on same- sex marriages is unconstitutional. in overturning prop eight, walker says, moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. [ cheering ] >> a might expect, a celebration in the streets in san francisco's castro district last night. earlier in the evening, hundreds of supporters of same- sex marriage marched along market street to city hall. what's next in that regard? anne makovec has a look at the next step in the case. >> reporter: we know that there's going to be no same-sex marriages here at city hall today and for at least most of tomorrow. the bottom line is will this stay stand? the judge will rule on that as soon as tomorrow so in theory weddings could resume, there is a small chance of it, at least this weekend. so let's take a look. i know it's a little confusing at what's going on now and what's next. the temporary stay that maintains the ban on same-sex marriage while the judge considers whether to suspend his ruling during the appeals process by friday, tomorrow

federal judge vaughn walker will announce thursday morning whether he's extending his stay preventing same-sex couples from marrying. the court says it will publish judge walker's decision between 9:00 a.m. and noon. the decision could impact thousands of same-sex couples who hope to wed following judge walker's ruling that proposition eight, which defined marriage as only being between one man and one woman, violated the equal protection and due process clauses of the u.s. constitution. supporters of prop eight have already filed a formal appeal of the ruling to the ninth circuit court of appeals. it could take as long as a year before the higher court rules on the matter. legal experts expect the case eventually to reach the united states supreme court.supporters of proposition eight have argued the law should remain in effect pending the appeal. the plaintiffs in the case, along with governor arnold schwarzenegger and attorney general jerry brown, filed papers urging the court to allow same-sex couples to get married. stay tuned to kron 4 and kron4.com for comprehensive coverage of

sorry, everybody. >> reporter: judge vaughn walker has been allowing plenty of time for the u.s.ourt of appeals ninth circuit to take up an appeal but the governor has already said same-sex marriages should proceed. and the attorney general says prop 8 is unconstitutional. while prop 8 supporters hope to appeal the decision, same-sex marriage advocates say walker's decision shows don't have legal standing to do so. to establish they have standing to appeal the court's decision, judge walker wrote, proponents must show that they have suffered an injury in fact, which is fairly traceable to the challenged action. that is, show they have been been injured by the state's allowing people of the same-sex to be married. >> that's very interesting because the judge gave prop 8 proponents standing in this trial. and the fact that he is trying to end this on a technicality shows that he doesn't have much confidence in his own decision. >> reporter: the will of the voters should be enough, says bill may of catholics for the common good. >> it's not a question of whether or not we're harmed.

more people getting married so i think that business would pim up. >> it is well known judge vaughn walker's decision is aimed directly at the supreme court and one justice in particular. anthony kennedy f walker lifts the marriage ban, the decision could land up in kennedy's lap because he's the presiding justice for california on the supreme court in recess. >> i think the entire thing was written with him in skmind he's going to go with judge walker. and... the whole thing is going to be shut down. >> some n.san francisco city hall, preparations are underway fofr a flood of marriage license applications. >> going to do overtime as well as putting out the word to ask for volunteer there's is a huge response and there is is is is outpouring of love is huge. >> we believe the final brief in support of keeping the ban in place is filed just minutes ago. supporters say it would result in day why is in lifted here is a quote... same-sex marriages would be licensed under a cloud of uncertainty and should proponents succeed, any such marriages would be invalid. it's the judge's decision, he's the

---vaughn walker, juez federal, dijo que consideraba que esa restriccion va en contra de la constitucionfica un triunfo para la comunidad gay, y tambien para el alcalde de la ciudad de san francisco. francisco. la propuesta 8, que hoy fue declarada inconstitucional, fue aprobada en noviembre de 2008 por los votantes en las elecciones.---- pero aunque el fallo podria significar que una nueva ola de parejas gays quiera casarse en nuestro estado, no lo podran hacer por que el juez por el momento ha determinado que se suspenda la propuesta "temporalmente". ---esto, hasta analizar algunas peticiones de quienes la apoyan, y que ademas, apelaran la decision. ---18 mil parejas se casaron en los meses que siguieron al fallo de la corte suprema estatal en el 2008, que permitio las uniones gay. ---- continuan hoy las negociaciones en san jose, entre el sindicato de los bomberos y la ciudad ... ...---el proposito es tratar de devolverle sus trabajos, a todos o a algunos de los 49 servidores publicos que los perdieron el pasado fin de semana.---- la nueva propuesta del sindicato de bomberos incluye c

.---- el magistrado, vaughn walker, determinara si la prohibicion de estos matrimonios viola derechos constitucionales de gays y lesbianas.---- esta seria la culminacion de la demanda que presentaron dos parejas del mismo sexo, para tratar de dejar sin efecto la propuesta 8 que en california prohibio las uniones gay--- ---el controversial alguacil del condado de maricopa en arizona joe arpaio enfrenta una posible demanda del departamento de justicia si no coopera con una investigacion de derechos civiles que llevan a cabo. cabo.---este departamento comenzo la investigacion por acusaciones de discriminacion y de inspecciones, revisiones y confiscaciones de manera inconstitucional realizadas el aÑo pasado.---en la carta enviada a la oficina del aguacil por el asistente de procurador general, thomas perez se le dice que entregue ciertos documentos que necesitan para la investigacion antes del 17 de agosto si no quiere ser demandado. a lo que el alguacil, al parecer se ha negado. ---la cancelacion de vuelos de mexicana desde el area de la bahia, ha causado caos en los aeropuertos afectado

---el miercoles, el juez "vaughn walker" revoco la ley aprobada por los votantes (que limitaba el matrimoniode cerca, dictan sentencia contar los responsables del caso de joven ecuatoriano víctima de odio racial. >>> por primera vez doña julia pudo ver a los asesinos de su hijo y escuchar la máxima sentencia para ellos. >>> no tenían ellos ningún derecho de quitarle la vida a mi hijo dejando dos niños huérfanos, porque mis pequeños nietos preguntan. >>> phoenix fue condenado a 37 años aka cadena perpetua su cómplice seno titenciado a 37 a de prisión. >>> esperamos que esto sea un mensaje claro para los que hacen estos yim krim necesario. >>> la madre de la víctima llegó recientemente de cuenca ecuador y frente a la jueza expresó su dolor al igual que el hermano de la víctima. >>> no quiero venganza pero deben pagar por lo que hicieron sé que como dije mi futuro está hecho pedazos. >>> de acuerdo con la jueza los convictos agredieron aro mell y su hermano por ser hispanos. >>> phoenix tendría que cumplir 37 años en cárcel para 66°, continuamos con más de primer impacto. . >>> gracias jackie,

---ayer, el juez "vaughn walker" revoco la ley aprobada por los votantes (que limitaba el matrimoniona mujer), seÑalando que viola los principios de igualdad bajo la constitucion estadounidense. ---el tribunal de apelaciones del noveno circuito en san francisco no tiene plazos para tratar el caso, que sera asignado a un panel de tres jueces escogidos al azar. ---mientras tanto, en la republica mexicana, la corte suprema avalo la constitucionalidad de los matrimonios gay en la ciudad de mexico.---el pleno del maximo tribunal aprobo con 8 votos a favor y 2 en contra la validez de una reforma mediante la cual la capital mexicana modifico su codigo civil para permitir el matrimonio entre personas del mismo sexo y darles la posibilidad de adoptar hijos. ---desde que la ley entro en vigor en marzo, en la ciudad de mexico se han celebrado 320 bodas de parejas gay, en medio de una fuerte oposicion de la iglesia catolica y del gobierno federal. ---parece que la aerolinea "mexicana de aviacion" tendra alas de neuvo.---un juez federal acepto una solucitud de proteccion legal ante un posible inc

---el juez "vaughn walker" anunciara maÑana si permite que se reanuden en todo california las bodas entre--esta decision del juez sera en respuesta a una peticion de permitir que se celebren estas bodas, mientras se debate en los tribunales la apelacion que presentaron contra su fallo los autores de la proposicion 8. ---un nuevo informe del centro de investigaciones pew publica cifras sobre la cantidad de niÑos nacidos en estados unidos, que son hijos de padres indocumentados. ---la informacÓn surge en momentos en que algunos en el congreso proponen una reforma constitucional para negarles a estos menores el derecho a la ciudadaÍa. ---"alejandra quezada crowder" ---cruzar la frontera entre Éxico y estados unidos es una odisea peligrosa.---pero, a pesar de los riesgos, muchos lo siguen intentando. ---"valeria ferÁndez" nos presenta la historia de un hombre que, después de ser deportado, intenÓ volver a territorio ---enseguida en noticias univision 14......hoy se puso la primera piedra para construir la nueva terminal de trenes y autobuses en san francisco... la obra promete generar miles d

---hoy la atencion de muchos californianos estuvo centrada en la decision del juez vaughn walker sobreeactivacion de los matrimonios gay en el es- estado------y aunque el magistrado posterÓ su implementacion hasta el proximo jueves para dar tiempo a quienes se oponen a que completen el proceso de apelacion, para muchos esta fue una victoria adelantada--- ---este dia es muy importante para mi porque voy a casarme por fin con mi novio, muy feliz ahorita--- ahorita--- ---bueno es un paso gigante. definitivamente la dignidad y los derechos de la comunidad gay ahn sido reivindicados y al final de cuentas somos como cualquier otro ciudadanos de los estados unidos y de califor- california--- ---tengo miedo de que un juez puede subvertir, puede derrotar el voto de 7 millones de habitantes--- habitantes------mientras que david campos, supervisor de san francisco, le dio una interpretacion mas amplia a la decision del juez--- ---creo que es algo que no solo beneficia a la comunidad gay, pero a todas las comunidades comunitarias, porque si se puede proteger a esta comunidad gay, tambien se puede

that after judge vaughn walker ruled to deny the stay on same- sex marriage. there is a catch. we have team coverage of the ruling and a look at why marriages are still on hold. 6 days from now california could resume same-sex marriage. >> reporter: in his ruling denying the state, the judge said backers failed to show they would succeed on appeal. first because the minimal evidence does not support the defense and second because they may have no legal standing to appeal. and allowing same sex marriage to marry would be lawful. another reason he sited against it was that it would force california to continue to violate plaintiff's constitutional rights. he discounted the argument that a stay was in the public interest. and evidence during the trial showing it is proposition 8 that harms the state of california. while his ruling is a victory for same sex couples, it does not let them get married right away. in san francisco, dan, kron 4 news. >>> supporters of proposition 8 filed an appeal to stop gay marriages while the court considers the ruling. the supporters released a stat

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

besides striking down proposition 8, judge vaughn walker said gays can begin getting married but not right away. first he wants lawyers on both sides to submit briefs on why gay marriages should or should not go forward. if he decides same-sex couples can begin to get married, prop 8 backers could ask for an emergency stay. they would get that from the ninth circuit court of appeals, the same court that will hear the overall appeal to yesterday's ruling. the road to the supreme court could be a lengthy one and may take few more years. >>> same-sex marriage supporters are celebrating, calling the ruling an important step in the right direction. hi hundreds of people marched from san francisco's castro district to city hall celebrating a federal judge's decision to overturn prop 8. the crowd was filled with same-sex couples waiting to say "i do." >> my sister got married last year. as much as i loved to see her that happy, my heart hurt because i could not sheer that with jeanie. jeanie and danielle had been together for eight years. they know the decision will most likely be appealed

even though judge vaughn walker ruled that prop 8 should be overturned and gays and lesbians should be allowed to get married, he still approved a temporary stay before his ruling was even announced. we spokr/wto peter king, a lega expert. he says the judge did that because he knows it will take two years before the u.s. supreme court will ultimately decide whether the voter approved ban on same sex marriage is unconstitutional. >> to have a bunch of marriages during a two-year period where you don't know if the status of them is going to survive, we'll wait until we get the final word. that's a responsible thing to do. >> reporter: judge walker could decide without holding a hearing on whether he will issue a permanent stay as early as friday. san francisco county will not issue licenses to same sex couples. >> i've been instructed to not take any applications yet for marriage licenses because we're working under that order from the federal court. >> a celebration broke out in castro district. that's where jonathan bloom is live tonight. >> reporter: it may be cold and foggy in san fr

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. >> reporter: attorneys on both sides have until tomorrow to submit arguments as to whether same sex couples should wait to get married until the court of appeals makes the decision or whether they should be allowed to marry immediately. it's unknown when judge walker will make his decision. >> meanwhile, members o

---el juez federal vaughn walker no ha emitido aun una resolucion sobre si permitira o no que se realicentrimonios entre personas del mismo sexo en california... california...---y tanto quienes apoyan la medida como quienes se oponen estan exponiendo sus argumentos... ---al mismo tiempo los condados se preparan a celebrar las uniones, si el juez asi lo decide...---en san francisco dicen estar listos para emitir unas cien licencias de matrimonio al dia e incluso trabajar los fines de semana... ((we're working with the county clerk as well as the deptuy marriage commissioners to make sure we are fully staffed... )) ))---el funcionario dijo que han recibido cientos de solicitudes de voluntarios que se ofrecen para ayudar a las autoridades a efectuar las bodas...---por cierto...quienes se oponen a las bodas entre personas del mismo sexo aseguran que la decision del juez walker no fue imparcial ya que la homosexualidad del juez seria un secreto a voces. ---y mire usted... el gobernador schwarzenneger y el fiscal del estado jerry brown acaban de hacer un llamado para que se reanuden las ceremon

district court judge vaughn walker overturned the ban on proposition 8. they granted supporters of prop 8 a temporary stay. he gave both sides in this case until tomorrow to submit written responses as to that why stay should be overturned. >>> supporters contend the millions of californians who voted in favor of the ban should be aloued to define marriage. but a legal expert we spoke to said as this case progresses, this will highlight a core issue. >> the voters are just like the legislators, when we make a law, we're subject to the constitution, just like the legislature is. so this trumps us all. we all have to abide by it whether we like it or not. we have equality and debate in this. >> reporter: gay marriage is legal five states. civil unions are allowed in new jersey. we're live in front of city hall in san francisco. jade hernandez, ktvu channel 2 news. >> thank you, jade. >>> well, not everyone in the bay area is celebrating judge walker's ruling. people who voted for -- for proposition say they believe the judge ignored the will of the voters.

crowd on it sued the courthouse in san francisco as same-sex marriage supporters learned judge vaughn walker had learned proposition 8 is unconstitutional. >> this is fabulous. it's so clear that we have the same constitutional rights to live as a family and to live together in love and harmony. >> reporter: the judge ruled the u.s. constitution "protects the choice of marital partner regardless of gender" and invoked all bans on mixed race marriages on how things can change. the main backers of proposition 8 had harsh words for the judge this deals really is an assault on the people of california and their fund. >> amanda: right to define marriage and protect marriage through the democratic process. >> reporter: but legal analysts say the turning point for the judge may have been the testimony of same-sex couples. >> couples. >> judge walker had flesh and blood people saying "i'm of a sexual orientation, i want to have a partnership on the same level as heterosexual peoples have, to not have it is something that makes me feel a second-class citizen." >> i need time to order cake. >> this af

. >>> the two sides in the prop 8 court case will submit briefs to judge vaughn walker today.ssue is whether to continue a stay on same-sex marriage weddings while his ruling against prop 8 is being appealed. that could take a year or more. and today marks the 65th anniversary of the world's first atomic bombing. thousands of people gathering in hiroshima, japan, to remember the day. during the final stages of world war ii, the hiroshima bomb killed more than 140,000 people when it was dropped in 1945. thousands more died later of illness and injuries. >>> long-time "entertainment tonight" host mary hart is leaving the program after her upcoming season. after 30 years, yes, 30 years on the same show, hart is ready for a change. et had no comment on reports that lara spencer would be hart's successor. lara spencer host's the sister program, "the insider." hart joined "entertainment tonight" back in 1982 when the program wasn't even a year old. remember when she was paired with john tesh? that was for 10 years. but mary hart leaving "entertainment tonight." and they said her leg

. >>> federal judge vaughn walker will decide if gay couples can get married while that appeals process takes place. if he rules they can, san francisco's city leaders are expecting about 100 same-sex couples to marry per day. city assessor recorder phil ting is wrapping up his staff and is calling for volunteers because he needs help keeping pace with the process. his office is ready to put in long hours starting this weekend. >> should the stay be lifted on friday, that city hall will be open until 8:00 p.m., and all weekend from 9 dlok 5:00 both saturday and sunday. >>> if you want to volunteer, you can. they're asking for help. just call 311 and ask for the city assessor's office. if a decision is made, as he mentioned perhaps today on the gay marriage stay, we will bring it to you live on air and online. you can sign up for breaking news alerts by going to nbcbayarea.com. >>> same-sex marriages are constitutional in mexico city this morning. the mexican supreme court made that ruling yesterday. federal prosecutors argued that same-sex marriage violated the charter guarantee to prot

in june lawyers delivered closing arguments and today judge vaughn walker issued his ruling that over turns proposition 8. for continuing coverage of the proposition 8 decision and to read the full text of the court ruling you can go to our web site, ktvu.com. >>> there are new questions tonight about the killing of an inmate in san quentin prison. plus a new milestone is reached in the gulf tonight but the white house warns the crisis is far from over. >>> and it cooled off a bit today. there was more fog this morning. we've got more fog headed your way as we move into the next 24 hours. tomorrow's forecast coming up. what this droid does will change how you do movies. with blockbuster on demand, this does hit films on a 4.3-inch screen so big, the way you see them will never be the same. introducing the new droid x. pre-loaded with blockbuster. the next generation of does. . >>> it does raise serious questions about short and long- term impacts on the environment and unintended consequences. >> california senator barbara boxer is talking about chemical dispersants, she raised concer

. * package* (statoin insert - walker photo) judge vaughn walker left little doubt he thinks california's voter- approved ban on same- sex he said proposition eight violates the equal protection clause. >> whether a person can marry someone cannot depend if the person is male or female. if someone loves sally they should be able to marry sally. the due process of our constitutions protects our liberty from the government depriving us of the liberty. >> because walker called marriage a fundamental right he wrote the majority of california voters supported proposition eight is not important. banning same-sex marriage is an artifact at a time when the genders were seen with district roles. >> we don't treat father and mothers with different rights. >> we have decided in family rolls gender should not be as relevant. >> prop ate proponents said same-sex major was not needed. the judge did not accept that writing domestic partnership did not provide the same social meaning as marriage. >> when voters act in the same way as the legislature, both the voters and the legislature have to comply wit

. >> they were unable to beat the stay imposed by vaughn walker. no new same-sex marriages at this point. but that not enough to stop supporters from celebrating this ruling today. walker overturned voter approved prop 8 saying it's unconstitutional under due pro skpes equal protection clauses. according to judge walker proposition 8 disadvantages gays and lesbian was out rational justification. the plaintiffs from berkeley and burbank are he can stat wrik. >> today we can go to sleep knowing our hopes and dreams to willed our family and have legal marriage can be realize and are closer to becoming true. >> ted olsen and david boyd are the winning little team. >> we eliminate the last official area of discrimination. >> prop 8 backers are disappointed. alliance defense fund calls the ruling dangerous and the group save california is pinning hopes on aappeals process. >> the judge has shut the constitution, imposed his own agenda, made a lot of people happy in the gay community in san francisco. but he's most dangerous type of judge in america. >> o

crowd on it sued the courthouse in san francisco as same-sex marriage supporters learned judge vaughn walker had learned proposition 8 is unconstitutional. >> this is fabulous. it's so clear that we have the same constitutional rights to live as a family and to live together in love and harmony. >> reporter: the judge ruled the u.s. constitution "protects the choice of marital partner regardless of gender" and invoked all bans on mixed race marriages on how things can change. the main backers of proposition 8 had harsh words for the judge this deals really is an assault on the people of california and their fund. >> amanda: right to define marriage and protect marriage through the democratic process. >> reporter: but legal analysts say the turning point for the judge may have been the testimony of same-sex couples. >> couples. >> judge walker had flesh and blood people saying "i'm of a sexual orientation, i want to have a partnership on the same level as heterosexual peoples have, to not have it is something that makes me feel a second-class citizen." >> i need time to order cake. >> this af

judge vaughn walker overturns proposition 8 saying it violates the u.s. constitution's right to due process and to equal protection. same-sex marriages will not be resuming at least until friday when judge walker holds a hearing and lastly, juliette, as you mentioned, this is not nearly the end. there's almost a virtual certainty that there will be an appeal to the u.s. ninth circuit court of appeals. >> thank you, same-sex marriage. >>> the initial word of the ruling created confusion. joe vazquez in san francisco city hall where same sex couples did rush in to try to get their marriage licenses. joe. >> reporter: when the ruling came out in the initial notes was confusing. it wasn't clear when same-sex marriages would be able to resume. that's when one couple rushed down to see if they could find out what would happen if they applied. >> it was a race again time, they rushed to city hall to get married. >> they weren't expecting us to be here rushing and asking for marriage license. >> when you get a decision like that, why not? >> reporter: just six mon

district court judge vaughn walker's ruling is proposition 8's narrow definition of marriage as a unionen a man and a woman only, a violation of the constitutional rights of gay and lesbian couples who want to marry. the judge said it is. >> our family is just as loving, just as real, and just as valid as everyone else's. >> reporter: let the court appeals begin. in a move that seemed to show they were prepared for defeat, prop 8 supporters filed a motion to continue the ban on same-sex marriages. >> the judge has dealt a terrible blow to natural marriage. >> reporter: that didn't stop this couple from heading to city hall for a marriage license they can't get yet. >> i now pronounce you united. >> reporter: a symbolic ceremony many couples hope to soon make official. in san francisco, noelle walker, nbc news. >>> the senate is expected to pass a $26 billion state and local aid package today after overcoming a republican filibuster yesterday. with the help of main republicans, democrats were able to advance the measure they say is needed to avert layoffs and service cutbacks in cash-str

district judge vaughn walker overturned proposition 8, the ban on gay marriage. the judge ruled the law violates the u.s. constitution due process and equal protection clauses at the same time he issued a stay preventing same-sex marriages from resuming group he once both sides back in court on friday to determine if that remains in force while the prop 8 supporters appeal. >>> today at: is the first federal court decision and is likely to end up in the u.s. supreme court pick it cuts to the heart of the arguments over traditional elements. >> taking a couple of words out of the constitution and morphine into saying that race is the same as sexual choices, no it isn't. >> judge walker said i wanted to have a -- have people saying i want to have a partnership on the same level as pat roche at the next actual people have -- heterosexual people have. >> the battle will probably last at least two years as both sides by the case again in the ninth circuit court of appeals and presumably the supreme court. >> same-sex marriage supporters are celebrating in san francisc

the deadline judge vaughn walker gave to prop 8 proponents to appeal. this person explains why walker dismissed the appeal to put them on hold. >> the proponents of prop 8 have to be able to show that they have what we call standing. standing means that you are a person that has been particularly concretely injured by a law. >> reporter: according to judge walker, prop 8 proponents don't have standing. they couldn't prove they would be harmed by same-sex marriages going forward. judge walker wrote, prop 8 proponents argue a state suffered irreparable injury whenever an enactment of its people is enjoyed. proponents of course are not the state. >> reporter: governor schwarzenegger and jerry brown were the defendants in the case but unlike most defendants, they didn't defend themselves or the voter-approved constitutional amendment in court. do the 7 million people who voted against prop 8 have a case against them? >> it's not this case with your get the resolution. you try to recall the governor or not voting for jerry brown for governor, you take more t

vaughn walker who already decided that proposition 8 was unconstitutional said the ban should be lifted. during the six-day wait, things could definitely change. >> it's important for us to get down here in case the stay was lifted before we could get married before something else came along that might put a stop to this. >> supporters intend to appeal directly to the circuit court to keep that stay in place. they must prove that their side is ultimately likely to win this tug of war. and they must prove that allowing the weddings to go forward while the litigation continues will cause irreparable harm. prop 8 supporters will no doubt claim the irreparable harm will be to same sex couples whose marriages will be in danger of null fiction if they get married now. >> it will be great. i think we could all live with a little uncertainty so long as this case gets a fair hearing. >> reporter: walker questions whether prop 8 supporters have any legal standing to ask for a stay. the case is called perry versus schwarzenegger. kate kendall, head of the national center for lesbian writes says if