---el tribunal de apelaciones todavia continua analizando el fllo dictaminado por el juez vaughn walker de inconstitucional. "era el adn del profesor, era "era el adn del profesor, era semen.." bridge - carlos botifoll los angeles,ca. " " ---el pre-candidato republicano mitt romney, quien se perfila como el futuro contrincante del presidente barack obama, comenzar a recibir proteccion del servicio secreto. take vo ---los encargados de la campaÑa de romney recibieron la notificacin esta maÑana, cuando se les dijo que a partir del jueves, cuando se encuentre en reno, nevada, ya estara bajo la vigilancia del servicio secreto. ---de acuerdo con la cadena de television abc, romney no solicit esta proteccin, sino ha sido una decision interna de la actual administracion . stop for open cu --ariel rodriguez ahora nos tiene el pronostico del tiempo. vo --gracias ariel, y esa cu ---nueva pausa en las noticias pero al regresar... take vo ---ni se mueva de donde esta por que sofia vergara nos tiene una sorpresa... que ya le contaremos... segment ends cu ---nuava pausa en la noticias y ya volvemos..

that was the ruling by federal judge vaughn walker. a ruling on right of homosexuals to marry or a narrow ruling that california voters did not approve suzuki suzuki marriage because they did not like -- approve suzuki suzuki marriage because they did not like gays getting married that would be more difficult for the u.s. supreme court to overturn according to some legal experts that is where the case seem to the best going. >> undoubtedly, the losing side will ask for mean the entire court hears it. -- think maybe valentine's 2013. >> reporter: two separate same-sex couples are the plaintiffs. another decision made today should judge walker's ruling be set aside because he's a gay man in a committed relationship and stood to gain from the outcome of his own ruling? two separate rulings today. again there's going to be a lot of people in the streets demonstrating in favor of same-sex marriage. abc7 news is going to break into programming around 10:00 this morning with whatever that decision is. terry mcsweeney, abc7 news. >>> 6:07 now.

as was the ruling in by judge vaughn walker.e areas proved prop 8 and it defined marriage as between one man and one woman. ruling number two, whether judge walker's ruling should be set aside because he's a gay man in a committed relationship and stood to benefit from his own ruling. we have comments from both sides of the issue. >> the yes on 8, people just don't have anything. they tried their darnest, but they just don't have anything to stop this. >> a win for us would be a supreme court decision saying this is not something that judges should decide is something that the people and their elected representatives should decide on a state by state basis. >> reporter: what a lot of people are going to be paying attention to is the ruling today. not so much it going to be the end of it. if it is a broad ruling if the constitutional right for homosexuals to marry or a narrow ruling saying voters' dislike of homosexually in 2008 took away rights granted to them six months before they approved prop 8. three people on this panel to

judge vaughn walker himself is gay. and protectmarriage.com, they're the ones who advocated proposition 8, wanted to have that decision thrown out based upon the fact that judge walker is gay, and they felt like he stood to benefit from his own ruling. well, here the ninth circuit court of appeals said that has no standing whatsoever. that judge walker's ruling stands, and that his sexual orientation has no bearing on the case. from here you'll be seeing a number of rallies across the state of california with same-sex marriage supporters, proposition 8 supporters. this group is called protectmarriage.com. they're sort of quiet in the sense you don't really see them gather here on the street, voicing their opinion. they feel like in a city of san francisco they'll be demonized by their opinion. but, of course, a lot of supporters here today and very happy with this ruling. >> i was going to ask you if the crowd is very boisterous or were they when they heard the news? oh, there they go. >> as you can see, holding just a l

. >> reporter: in august of 2010, vaughn walker ruled the ban preventing same-sex couples from marrying was unconstitutional. tuesday they will up hold the ruling or over turn it. >> is there a right to be married whatever your sexual orientation may be. can they marry members of members of members of the same sex. a question of equality. >> reporter: he is a professor of law. >> seems like there is little rational justification to forbid people to get married to people of the same sex. other than we haven't seen it done. as a matter of equal protection it doesn't seem like a hard case. >> reporter: whatever the ruling, ruling, the losing side will likely appeal to the u.s. supreme court or to the 9th circuit. tuesday's ruling will make a difference as the case works its way up the latter. >> you got a pretty conservative republican appointee and a judge in the middle. if they agree, then it is a harder case to overturn. >> reporter: whether the next step is to the supreme court or with a stop to the 9th circuit, they expect a final decision by the supreme court in the summer of 2013. i

now, that judge was vaughn walker who the proponents of prop 8 said should have recused himself from the case because he is gay and has a long-time partner. the ninth circuit court will rule on judge walker's recusal and the prop 8 proponent's standing. the proponents want to appeal the judge's ruling, hence the constitutionality of proposition 8 which the judges will decide today. >> that is to say this proposition evidence hostility on an effort that shows dislike for a minority group and that is gays and lesbians. if you can show that, then the court says well there is no rational basis, hostility is not rational. and therefore, it is pretty much automatically unconstitutional. >> reporter: now, the ruling is expected at 10:00 this morning by the three-judge panel but this case is not over as it is expected to go to the u.s. supreme court. frank? >> thank you, lisa washington live in san francisco. >>> 5:05. two attacks at stanford have students on high alert this morning. police say that the first one happened sunday morning at 1:45. a woman was walking home on campus when a man

judge vaughn walker had staff members record the proceedings with the caveat that the footage would be used only by him to help him reach a verdict. media organizations argued that the video should be made public. >>> state of washington meanwhile is a step closer to legalizing same-sex marriage after state senators approved the bill there. the measure now heads to the house which is expected to be approved. governor chris gregoire is expected to sign it into law. this would make washington the 7th state in the union to allow gay couples to marry. opponents promise to fight the new law with a voter referendum. >>> we got lawrence juice because he is trying to compete with punxsutawney phil. he's losing the battle. >> so far. he is saying six more weeks of winter? >> that's what we hear. >> unfortunately i'm agreeing with him. so -- >> maybe even longer. i'd like to get winter back but it's back to a return to unusually warm temperatures around the bay area. skies mostly clear right now. maybe a couple of patches of ground fog showing up in some of the valleys but temperatures a little

. >> reporter: it was judge vaughn walker who ruled that proposition 8 was unconstitutional. supporters of the proposition say the judge should have recused himself because he is gay. regarding judge walker, the appellate panel affirmed the denial of the motion by the proponents of proposition 8 to vacate the judgment entered by former chief judge walker on the basis of his reported interest and being allowed to marries his same-sex partner. what happens next? cbs 5's legal analyst says this isn't end of the issue. >> the third more likely option that i think is going to happen is that this case will be heard in the supreme court. the supreme court can hear things on its own initiative or lawyers can file an appeal to the supreme court but we have to keep in mind that the soon that's that could happen would be the 1st quarter of 2013. >> and it's just -- i don't know. just fantastic. >> reporter: and again, grace, it was a three-judge panel who made up this federal appellate team that ruled today. two of them voted up to hold the district judge's decision saying that proposit

supreme court, and in a separate ruling, the panel said that the lower court judge, judge vaughn walker, did not have to recuse himself because he is gay. stay with ktvu for continuing coverage on proposition 8 and read the entire court decision on our website. >>> turning to other local news, there are a lot of questions after an officer was shot in newark this morning. police say an off-duty federal agent was shot in the driveway of his own home at the intersection of betten court and mayhews landing road. >> reporter: the home where the shooting happened, tori, is behind us. police had the street closed off to traffic because the newark police criminal evidence ran is parked out in front of the home, and there are tents keeping that area dry. the shooting happened before 6:00 this morning, and when police arrived, they discovered an off-duty federal agent lying in the driveway of his home. there are evidence markers in the driveway. the agent was suffering from at least one gunshot wound, and police say there was a confrontation leading up to the shooting although they didn't get int

that judge, vaughn walker, who proponents of prop 8 should have recused himself because he is gay and has a long-time partner. now, the ninth circuit court will rule today on judge walker's recusal and the prop 8 opponent's standings. proponents want to appeal the judge's ruling, hence the constitutionality of prop 8. there are arguments on both sides, of course. >> it could be reheard before a larger segment of the ninth circuit and then it could be appealed to the u.s. supreme court. and the u.s. supreme court has its choice whether or not to take the case. >> this decision makes it one step closer. it doesn't necessarily mean that the case will relief the ninth circuit. >> reporter: this doesn't mean that this will be over. that ruling is expected at 10:00 this morning and already both sides have planned a number of news conferences to express their opinions on that federal ruling. >> thank you, lisa washington. >>> this morning, stanford police are investigating two new attacks on campus. police say the first one happened sunday morning about 1:45. a woman was walking home on camp

it based its ruling ons the promise by trial judge vaughn walker that the rulings would not be broadcastthey did not say when they would rule on the bigger issue. >>> 4:48 the defense is now preparing to cross examine a key witness in the san francisco murder trial of a convicted gang member. edwin ramose -- ramos is convicted of killing two. albert martinez testified that ramos helped initiate him into a violent street gang. and he says they would often quote hunt for rival gang members together. >> give intimate insight knowledge of the ms13 gang and there is an allegation against mr. ramos he is a member of that gang. >> a rat is a rat. for someone of his character to be used as a witness it's disgusting. >> now ramos is charged with killing anthony and his two sons while they were driving home from a family picnic. the prosecution contends he mistook them for rival fang members -- gang members. >>> a marine accused of killing four homeless men have been linked to two deaths. anaheim police confirmed that he was involved in the killing of a woman and her son back in october. police ar

in 2010, judge vaughn walker struck down prop 8 and the court agreed with walker.and lesbians were allowed to marry for six months in california after the court struck down the ban. it later upheld proposition 8 in san francisco. the same-sex couples overjoyed, feel the ball is rolling again. >> it's been a long road. we've seen marriage equality come and go in california. but this gives us hope that marriage equality is going to be back in california soon. we can't wait for our friends to be able to get married. >> it was not a surprise at all. we expected this. you know, from the most liberal court in the couldn't tremendous, the most overturned court, most overturned judge. we've always seen this as just a stepping stone to the court where it will be ultimately decided. >> reporter: bill may is with the coalition to protect marriage, the backer of proposition 8. they can appeal to the full pan of 9th circuit court, or as mentioned all the way to the united states supreme court. seems everyone believes that this will go to the supreme court likely in the year 201

judge vaughn walker later revealed he is gay after retiring from the bench. >>> if you are displaying millions of dollars worth of gold in a glass case you might want to make sure the alarm works. that's the hard lesson being learned up near mt. shasta after a $3 million smash and grab. investigators are trying to find who 2 men who broke into the county courthouse, smashed a thick glass case and made off with the gold nuggets on display. an alarm on the display case never went off. the collection was exhibited at the 1939 worlds fair here in san francisco. >> that's too bad. >>> if you were outside today enjoying the weather, quite a warm-up. did you notice it? >> did jeff just say it was 74 in santa rosa? >> i did. unbelievable. we have a lot happening. not only, of course, fan fest this weekend. the super bowl weekend here across the bay area. we don't have the game. a lot of you are going to be doing some plans. md the news that overshadowed all the weather forecast for a brief moment here was phil's forecast. so if you haven't heard, no shadow/shadow. unfortunately it looks like

the 2010 trial was recorded and the judge vaughn walker said that that would be used for his and the lawyers' private review. but two same-sex couples and the coalition of media asked the court to unseal the tape. a new judge agreed. and prop 8 supporters argued against that saying witnesses could end up being harassed. today's decision again is based on that appeal. the decision is being made by a three-judge panel and we will hear that decision at 10 a.m. grace and frank? >> thank you, anne. >>> the state of washington is a step closer to legalizing same-sex marriage after state senators approved the bill. that measure heads to the house which is expected to approve it. governor chris gregoire is expected to sign it into law, as well. this would make washington the 7th state in the union to allow gay couples to marry. opponents promise to fight that new law with a voter referendum. >>> in the presidential race, republican newt gingrich may get a much-needed boost to his campaign after his poor showing in the florida primary today. he is expected to pick up the endorsement of that g

the panel said judge vaughn walker did not have to recuse himself from the prop 8 trial because he was in a long-term relationship with a man. never before has the status of a jurist been sited as grounds for overturning a decision. >>> live from the castro this evening to show us how the ruling is being received there. >> reporter: the mood is up-beat, the celebrations have been small and low key, but heart felt. >> reporter: supporters of same-sex marriage gathered at the intersection of market and castro to cheer the court's ruling >> it's amazing. of it's powerful. and it gives me a lot of faith. >> reporter: a few blocks away at the lgbt center, the san francisco gay men's chorus sang. >> marriage matters! we will not settle for less. >> reporter: hundreds attended tonight's rally, including this family who travelled from antioch. >> please stop hating people. >> my ex-husband , he is able to move on, and he can choose to remarry if he wants, but i don't have that option afforded to me. and i think that's a huge example of inequality. >> we can't keep waiting. >> reporter: this co

the panel said judge vaughn walker did not have to recuse himself from the prop 8 trial because he was in a long-term relationship with a man. never before has the status of a jurist been sited as grounds for overturning a decision. >>> live from the castro this evening to show us how the ruling is being received there. >> reporter: the mood is up-beat, the celebrations have been small and low key, but heart felt. >> reporter: supporters of same-sex marriage gathered at the intersection of market and castro to cheer the court's ruling >> it's amazing. of it's powerful. and it gives me a lot of faith. >> reporter: a few blocks away at the lgbt center, the san francisco gay men's chorus sang. >> marriage matters! we will not settle for less. >> reporter: hundreds attended tonight's rally, including this family who travelled from antioch. >> please stop hating people. >> my ex-husband , he is able to move on, and he can choose to remarry if he wants, but i don't have that option afforded to me. and i think that's a huge example of inequality. >> we can't keep waiting. >> reporter: this co

in that trial, federal judge, vaughn walker ruled california's same-sex marriage ban violated the constitution. they say releasing it will cast those who testified in a bad light. >>> now to the campaign for president. republican mitt romney appeared to stumble today. fresh off his decisive win in florida's gop primary. romney took center stage again with some controversial remarks about poor people. ♪ [ music ] >> reporter: mitt romney positively sparkled today, but it wasn't because of his big florida win. a gay rights protester just hit him with a glitter bomb. that came after some folks thought the multi-millionaire dropped a bomb of his own. >> i'm in this race, because i care about americans. i'm not concerned about the very poor. if it needs repair, i will fix it. >> i think it's a stupid thing to say. >> he thinks there's a safety net for the ultra poor, but he wants to cut that safety net even further. >> reporter: some bay area folks told us they don't think politicians or office holders, democrat or republican, understand what it takes to survive today. >> we're out struggling to fi

now the appeals court is set to rule tomorrow on possible conflict of interest by a former judge vaughn walker. he ruled proposition wasn't constitutional and then revealed he is in a relationship with a man. opponents say he should have stepped aside. another judge ruled that he didn't need to receus himself and that decision was appealed. stay with us for continuing coverage of the ruling. we will bring it to you on air and online. >> supporters of a millionaire's tax kicked off a campaign today to get it on the ballot. it's backed by the federation of teachers and calls for a 3% income tax increase. and. 60% would go toward education. the people that can most afford to be taxed right now, this latest proposal has competition. there is already two other competing tax measures trying to qualify for the ballot. one with race income tax, another would use a sliding scale. more names can be placed until march 29th. there is at least one surprise. rose an barr registered as a green candidate. the party with the most candidates on the ballot is the litertarians. >>> there are two more contests tom

in that trial, federal judge, vaughn walker ruled california's same-sex marriage ban violated the constitution. they say releasing it will cast those who testified in a bad light. >>> now to the campaign for president. republican mitt romney appeared to stumble today. fresh off his decisive win in florida's gop primary. romney took center stage again with some controversial remarks about poor people. ♪ [ music ] >> reporter: mitt romney positively sparkled today, but it wasn't because of his big florida win. a gay rights protester just hit him with a glitter bomb. that came after some folks thought the multi-millionaire dropped a bomb of his own. >> i'm in this race, because i care about americans. i'm not concerned about the very poor. if it needs repair, i will fix it. >> i think it's a stupid thing to say. >> he thinks there's a safety net for the ultra poor, but he wants to cut that safety net even further. >> reporter: some bay area folks told us they don't think politicians or office holders, democrat or republican, understand what it takes to survive today. >> we're out struggling to fi

now the appeals court is set to rule tomorrow on possible conflict of interest by a former judge vaughn walker. he ruled proposition wasn't constitutional and then revealed he is in a relationship with a man. opponents say he should have stepped aside. another judge ruled that he didn't need to receus himself and that decision was appealed. stay with us for continuing coverage of the ruling. we will bring it to you on air and online. >> supporters of a millionaire's tax kicked off a campaign today to get it on the ballot. it's backed by the federation of teachers and calls for a 3% income tax increase. and. 60% would go toward education. the people that can most afford to be taxed right now, this latest proposal has competition. there is already two other competing tax measures trying to qualify for the ballot. one with race income tax, another would use a sliding scale. more names can be placed until march 29th. there is at least one surprise. rose an barr registered as a green candidate. the party with the most candidates on the ballot is the litertarians. >>> there are two more contests tom

judge said that vaughn walker struck down proposition eight and gay marriage appealed.udge walker, the panel will roll on whether an issue raidsed, whether walker should be disqualified. he didn't disclose that he himself was in a relationship and could have been allowed to marry if gay marriage were legal. one of the outcomes could be that prop 8 is overturned. walker is retired and his successor ruled that he did not have to disclose anything about his personal life and there was no evidence of bias in his decision. that is expected to come down at tep clock this morning. christie myth. john and laura, thank you. >> will church and state collide forcing a mandade forcing church affiliated hospitals to provide contraceptives to employees free of charge. it won'ting enforced until next year but catholic leadership speaking out against it, along with birth control it would require sterilization and abortion inducing drugs in their health care holcys. right in the bay area catholic church members are angry. >> sliks a glow on the freedom of religion. not having a say in t

judge vaughn walker had staffed members record the proceedings. he said the footage would only be used to help him reach a verdict. media organizations asked that the video be made public. >>> newt gingrich's presidential campaign may get some help today a couple of days after a poor showing in florida's republican primary. today he is expected to get the endorsement of celebrity billionaire donald trump on the left. you might remember that trump toyed with the idea of running himself for a while last year. he cannot hinting toward it. well -- he kept hinting toward it. gingrich and others are campaigning in nevada. the caucuses are two days away. >>> you know what happens in 16 days? >> what happens in 16 days? >> we have baseball to talk about! as and giants pitchers and catches all report. >> i was never going to get that right. >> i know. [ laughter ] >> i'm like, why did he set me up like that. >> i was thinking maybe it's going to rain again! >>> could be. >> i can't believe it! yeah, it will be that time of the of course the super bowl comi

judge vaughn walker had staff members record the proceedings with the caveat that the footage would behim reach a verdict. >>> we'll have an update on your traffic and weather coming right up. -- let's check your forecast on this groundhog day. lawrence. >> yeah. sunshine returning to the bay area, above normal temperatures coming our way. otherwise, blue skies elsewhere take you outside over san francisco looking over coit tower. plenty of blue and what a day it's going to be temperature- wise. these temperatures well above average almost 70 in santa rosa, 67 in the napa valley and 66 mostly sunny this afternoon into san jose. next couple of days we pick up a few more clouds and the temperatures may cool just a couple of degrees. no ran through the weekend though, staying dry -- no rain through the weekend, no, staying dry. middle of next week rain by tuesday. we'll check your "timesaver traffic" coming up next. >>> good morning. it's a slow ride on 101 along the peninsula. we have an accident northbound 101 at willow. there was another accident at marsh in a similar area so 280 might

claim the original ruling should be tossed out because the presiding judge in that case, retired vaughn walker they argued he could personally benefit from his own decision. both those issues could factor into today's ruling. martha: a lot at stake for both sides, right? >> there really is, martha. if the ninth circuit panel affirms the lower court's ruling it is a big win for activists seeking to legalize gay marriage again. remember 18,000 couples tied the knot here in california before proposition 8 passed. if the ninth circuit reverses lower court ruling it would be a major setback for gay rights activists and a huge victory for supporters of traditional marriage and majority of california voters who passed prop 8 back in 2008. again today's ruling, critical but, most likely not the final word. martha: not the end of it. thank you so much, claudia cowan in california. bill: there is new fallout over solyndra. republicans are demanding answers and threatening a subpoena. congressman darrell issa is in charge. he will joins us what he wants to know now. martha: one day, three contestants. th