late this afternoon, a court spokesperson said federal judge von walker has made a decision in a lawsuit brought by two same-sex couples who say california's ban on same-sex marriage violates their constitutional right. the decision will be announced using the city's online system. >>> the idea is quiet simple. if neighbors know each other it can be a powerful crime fighting tool. and that's the position behind national night out. events have been planned to keep the streets safe. sal castaneda has more on the live festivities. >> reporter: neighbors are gathering in the fruitvale district on east 12th street. the goal is to make it easier to meet your neighbors. >> crime, especially violent crime seems never to be far from the minds of the people on the streets of oakland. >> we have seen people down these streets in person. i've lost a lot of people in front of me. >> reporter: perhaps it's that fear or realization that has made this year's block party so popular. >> i think knowing your neighbor will make you more likely to be safe. >> reporter: owner randall whitney says this party i

district judge von walker will issue his decision between 1:00 and 3:00 this afternoon.ame-sex marriage advocates are hopeful about today's outcome. they say this is an equal rights issue. >> american tradition doesn't always get it right the first time but eventually justice does prevail for all people. so i know in my heart, it's the generation's obligation and honor to see this through and to see this in to the history books. >> reporter: yesterday, proposition 8 supporters asked the court to not allow same-sex marriages to resume if they lose this case saying, "same- sex marriages would be licensed under a cloud of uncertainty and should opponents succeed on appeal" the ban would be overturned on appeal. on the other happened, two couples who filed the lawsuit say they are fighting for equal rights for millions of americans who don't have the right to marry their partner or have the right to the same benefits legally married couples have. witnesses testified that marriage is an evolving institution in the united states. supporters of the ban say the court should upho

district court judge von walker. last week he told both sides to submit written statements on what -- how to decide whether or not to resume marriage or keep those marriages going or to actually continue the stay until this had gone through the appeals process. but it appears that a decision has come down. you can here the cheering, the sides are very excited. a large group, almost three dozen, maybe more couples that came to city hall. so, we will have more for you tonight at ktvu. reporting live, jade hernandez. >> i'm curious. i know we don't know yet what the judge's decision is. it could everybody, judging from the cheers, possibly that the stay has been lifted. i understand that there are some clerks standing by to be able to perform marriages if that is the case? >> that is absolutely true. in fact, we went inside earlier today. there were two lines, those for licenses, those for ceremonies and there were about three dozen couples that came down to city hall waiting to see. the judge was supposed to decide whe

their legal action comes one day after von walker overturned the ban on gay marriage. walker and his opinion said the voter approves initiative violated the constitution's guarantees of due process and equal protection. the judge suspended his ruling until at least friday, while he krsz whether to stay his decision during the appeal. a panel of lawyers today talked about removing the issue of gay marriage beyond state courts. >> marriage is about more than something minimal. there's a reason we had so many people fighting. even our opponents recognize the symbolic difference. >> the chief lawyer for the protect marriage initiative issued a statement saying walker's ruling sweeps away the historical understanding of marriage. >>> a history of aggression? we're learning tonight more details about the pack of pit bulls that killed a 2-year-old concord boy. his step grandfather was in court today and entered a not guilty blow. prosecutors also charged steven with a mule enhancement, alleging he put the boy in a situation that resulted in his death. today prosecutors reveal

but, again, prop 8, overturned today by judge von walker. >>> those are disappointed in the judge's decision. a handful of prop 8 supporters were at the court. we were live in san francisco with their reaction to this decision. cheryl? >> reporter: lisa, it's tough to balance the story when the voices were in favor of same-sex marriage are so loud. and those who are in favor of traditional marriage seem so quiet. today we met a couple in front of the san francisco federal building. they just get engaged. they had a sign, marriage is between a man and a woman, and they talked to anyone who would listen. they say that the people of california voted in 2008 to protect marriage in the traditional sense and they are disappointed that the judge reversed the will of the people. >> i'd be upset that we no longer live in a democracy. i would say is that as overturning a whole principal of the ballot box. and just having judges, one unelected judge decide everything, i think that's outrageous that that would happen in our country. >> i'm -- this doesn't feel like america really right now. >> reporter:

district june von walker ruling to invalidate prop 8 should be thrown out. same sex marriage opponent say they are eager to make their case. >> it will be good to kind of have things settle down a little bit and not have this craziness of the last couple of days where it has been on-again off-again and we'll have some time to really fast ep our argument for the court of appeal and show why this one june's ruling attempting to undo the work of 7 million california voters really is just plain wrong. >>reporter: roger and rod hope all of this can be resolved in months instead of years. rod's father is in his 80's and they say time is critical. >> he was giving me his blessing and it would really be is in for him to be around for us to have a wedding with him there. >>reporter: the hearing with the ninth circuit is scheduled for december sixth. that means the first brief needs to be submitted to the court next month. >> okay lillian thanks. lillian kim reporting. >> if you want to read the ruling today we have the entire document posted on our web site. abc 7 ne

earlier this month von walker ruled it's unconstitutional. but supporters of the lawsuit say it's the attorney general's job to defend all state laws regardless of legal challenges for his own beliefs. the lawsuit was filed by pacific justice snuinstitute in sacrame today. it's now with the third district court of appeal. >>> tonight, days ago he was fighting for his life shot on the job is doing better. he's been upgraded to stable condition. 39-year-old todd young was shot friday in oakland when he tried to arrest a man on domestic violence charges. he underwent another round of surgery and scheduled for more. he arrested hirm just 30 feet from the border. police say he has confessed to the shooting. two other people are in cuss today for harboring him while on the run. >>> nearly ten times bigger than first thought. the sewage not only contaminated the red rood shores lagoon, it also went into nearby graunls. it wasn't repaired until thursday night. people living in the area are being told not to get near that lago lagoon. >>> first thing

. >> reporter: both sides have now filed briefs with judge von walker. >> we feel pretty comfort, and we think it's important to expedite this as soon as possible. >> this case is much bigger than just one activist in san francisco who has ignored the law and put himself above the law. >> i think a great point is that judge walker is going to comet to stay. >> reporter: it's unclear what role if any the ag's office intends to play in the judge's decision. >> the state of california is going to do just what it did the beginning. we're not in this case. we're not contesting it, we're not a part of this case. >> reporter: for now some gay couples are cautiously watching if latest round in the battle over same-sex marriage. >> i hope that it goes in the way of allowing equality, but you know who knows. it seems as if it was going to work the last time. >> reporter: legal analysts and participants in this case say they hope to rule as soon as one week to two weeks. reporting live in san francisco, david stevenson. >> reporter: mexico's supreme court has upheld the law allowing same-sex mar

district court judge von walker a republican appointee. walker is a gay man who never hid his sexuality. neither side believes that the judge's sexual orientation will affect his decision. >>> now, here's the background on this case. in may of 2008, the state supreme court overturned california's ban on same-sex marriage. november 2008 voters passed proposition 8, officially defining marriage as between one man and one woman. and that set the stage for the federal lawsuit. now, no matter how judge vaughn walker rules tomorrow, it is expected that this case will eventually be decided by the u.s. supreme court. >>> and now this reminder to stay with cbs 5 and cbs5.com for coverage of the ruling, which is expected to be released between 1:00 p.m. and 3:00 p.m. tomorrow afternoon. we'll have reaction from both sides. >>> the uproar over supersized salaries for city leaders in bell is prompting changes for other cities. all salaries paid to employees and elected official must now be posted. as stephanie abrams reports, state auditors are now po