judge walker said you haven't given me any evidence of that. gay marriage is rel in some countries and states and the sky hadn't fallen since those things have happened and judge walker asked for evidence. what is wrong with this? that, i think, was his disappointment with the defense. >> in ten seconds, if this case gets to the supreme court, how long could it take to finally get a judgment? >> i think that will take years and the supreme court may not hear it right away because they may want to wait for a conflict in the law to see if some other district court in another part of the united states finds in a different way and that's when the supreme court will step in to say, this has to be decided. this is the rule of the land. >> all right, steven clark, thank you. >> thank you, tom. >>> we just got a statement from attorney general jerry brown and he said the judge's decision to overturn california's ban on gay marriage is great news. there's also reaction from the meg whitman camp. he says that meg supported proposition 8 and believes marr

court briefs submitted to judge walker.o there have been many different perspectives on the issues. equality law in constitutional jurisprudence is quite complicated and there's a surprising number of unanswered questions when it come tots antigay discrimination. for example, should anti-guy rules presumptively be seen as suspect. that's an open question where it's been resolved for quite a long time for other types of group based discrimination such as race or sex or discrimination based on religion. so there's been a lot of analysis of that and similarly there are different ways of thinking about substantive due process or liberty, as we say, and so the different perspectives were given to judge walker. he gave his reading, he's offered two different important ways of considering the equal protection analysis and all of that, i think, will be the starting place for the ninth circuit judges. >> suarez: professor george, when they get started will the fact that the supporters of proposition 8 put on a very briefcase hamper

i know we're all waiting to see if judge walker will lift this stay.e you had to kind of get some paperwork in order and ready to go so that if he says, yes, gay marriages can begin, you can get married right away? >> yes. we have the paperwork filled out. it's in the car, ready to go. we are dressed for the occasion, have an extra change of clothes in the car. we are hopeful, cautiously optimistic. >> people will remember that a few years back gay marriages were allowed in california until that got overturned. were you planning to get married back then or why did you not do it back then? >> there were a lot of circumstances why we didn't get married at that time. most of which involving circumstances not allowing us time to plan a wedding. this time, we're going to have a marriage and then the wedding later. we will not waste another chance of it maybe getting overturned. >> what about the appeals process, that's still going on. people are concerned that if couples like you are allowed to marry today and another court rules that those shouldn't have t

again, feder judge vaughan walker's ruling is expected by noon.e'll have live coverage of that decision asoon as it comes down and we'll let you know if it happens during this newscast. >> we have other news. salmonella may not be so bad for your health. we'll explain st ahead. >> first the critical vote in congress today aimeat making our borders safer. >> and is he really a hero? new questions are raised about what (speaking in intertional language) and he sd unto them go ye into all of the rld and preach the gospel preach the gospe ♪ every creature inhe world. (applause) immigration and customs officials. they would help symptom the flow of illegal immigrants and drug crossing the mexico border. funds would be used to expand the use of unmanned surveillance drones. >> stocks down for the third straight day today. this has been fuelled by news that unemployment claims rose last week to their highest level in six months. analysts had actually expected that number to drop. sills sco systems fell short of their he can expectations. the stock is dow

again, federal judge vaughan walker's ruling is expected by noon.ll have live coverage of that decision as soon as it comes down and we'll let you know if it happens during this newscast. >> we have other news. salmonella may not be so bad for your health. we'll explain just ahead. >> first the critical vote in congress today aimed at making our borders safer. >> and is he really a hero? new questions are raised about [ female announcer ] don't miss the jcpenney back to school sale this friday and saturday. save on the hottest new looks. doorbusters start extra early at 7am saturday save on hot new skinny jeans like $11.99 city streets skinny jeans for juniors. and $13.99 arizona skinny jeans for guys. get the hottest savings with $4.99 girls and boys tees. and save on bras, just $14.99. plus, get on-the-spot savings... ...with jcp cash - $10 off when you spend 50. go to jcp.com to see everything on sale. new look. new year. who knew! jcpenney immigration and customs officials. they would help symptom the flow of illegal immigrants and drugs crossin

many believe as early as monday, judge walker may lift the stay and create a brief window of time tollow same- sex marriages again. in fang, they are asking for vol un-- in fact they are asking for volunteers to help out at city hall. >> you may now kiss your bride. >> reporter: the woman aofficiating at the ceremony, says she is heartened by the response of top government officials. >> when i heard governor schwarzenegger, someone who vetoed our marriage bill twice, had come around and had issued a brief saying let people get married right now, no delay and same with gerry brown, my heart burst open. >> reporter: she says she and her bride made several trips to the altar before one stuck during a brief period of reality. >> of course i will get married to this woman over and over again and molly will officiate over and over again. >> reporter: there is hope the stay will be lifted and ceremonies that make same-sex marriages legal will get under way in earnest. >> right now it only effects california, but as the case moves through legal system, the effects of the ruling could be felt

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

. >>> there is no toilet in my mind that judge walker is going to say that prop 8 should be thrown out. >>> the decision is coming tomorrow. why that legal experts so sure. >>> an oakland neighborhood considering extra security in response to extra layoffs. why some say protection is right next door. >> a lot say moms should do it. the problems that keep them from breast feeding, and the problems with it. >> you learned some details on youtube. >> the news you can see on an east bay corner. the news starts now. >> cbs5 eyewitness news. major ruling w on . >> good evening, i'm allen martin. a federal judge will make a major ruling public tomorrow. u.s. district judge vaughn walk service going to relace his decision on whether the state's ban on same-sex marriage vacation lights the constitution. robert lyles with what both sides expect tomorrow. >> the judge's decision is expected sometime between 1 and 3:00 in the afternoon and at this hour it's still unknown how he will rule but cbs5 did speak with a legal scholar tonight who says he has monitored this trial since opening arguments an

to mister and misses walker. why would they send my parents a check? chase what matters. ♪ >>> not even your fingers have to do the walk now. it is supposed to make your drive to work a little safer. tech reporter scott budman gives as you first look at how google is trying to change the sma smartphone game. >> your smartphone just got smarter. >> call blue ribbon bake rix. >> reporter: google tells us how these what it calls voice action. you can dictate your phone calls, e-mails and text messages without laying a finger on your smart phone. >> i can say things like send text to bill burns. let's meet at 6:00 outside the museum. think about how long that would take to type. >> reporter: there it is, voice to tech. making it simpler to communicate. >> all these things we do multiple times a day. if only we could shave five, ten, 20 seconds. >> reporter: and safer if you're ever tempted to dial while you drive. the newest droid phone come with chrome to phone. a way to bring a map or web page from your computer browser straight to your phone's screen. >

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

which brings us to this morning, as we await judge walker's decision. but no matter what he decides this morning, this is not the end. rather, just the latest chapter in a legal story that's expected to continue for years. sydnie? >> all right, julie. thank you very much, julie watts in san francisco. >>> we invite you to stay with us for complete coverage of today's announcement. again, we hear it's going to come sometime between 9:00 a.m. and 12 noon. we will have live coverage here on cbs 5 and on cbs5.com just as soon as that decision is made public. >>> a city planning commission has given the go-ahead for a 63- foot-tall minaret at a mosque in santa clara. the minaret at the muslim community center on scott boulevard was previously approved but a nearby business owner appealed the decision saying the tower doesn't fit the neighborhood. for others on both sides of the issue, it was the religious significance. >> to me, to have symbolism, to me it's what happened on 9/11. >> this kind of thinking is very counterproductive, you know, in a society lik

judge walker put off that decision until friday. he wants to hear some more arguments from both sides. of course, the real issue here is, if allows those marriages to continue, there is also the possibility that they could be overturned by the ninth circuit court of appeals because without a doubt, this is definitely going up, the appeal of the -- the chain of appeals course, juliette. so that's the rub. allow the marriages to continue now knowing that possibly they could be overturned later. >> all right. simon perez at the federal courthouse, simon, thank you. >>> all right. let's hear from a bay area couple who is part of this lawsuit as well as those people not happy with the judge's ruling. sherry hu has that reaction for us. sherry. >> reporter: well, allen, against a backdrop of eight american flags, the plaintiffs two same-sex couples, their two attorneys and san francisco city attorney walked on the stage and as one of them put it today the justice system worked. >> this decision says that we are americans, too. we too shou

today we get federal judge vaughan walker's take on that.posting tis decision online sometime between 1:00 and 3:00 this afternoon. the trial took place back in january. closing arguments took place in june. today we get the decision. the federal trial has two same sex couples, one from berkeley, vowing to sponsor prop 8. the couple say this proposition violates the right to equal treatment. supporters say it is a reasonable way to preserve traditional marriage. most legal experts are expecting the judge to rule against proposition 8. in fact, those in favor of prop 8 already asking the judge to leave the same sex marriage ban in place while an appeal is heard. that next appeal will be the 9th u.s. circuit court of appeals, the loser expected to take this to the u.s. supreme court. a march today starting in san francisco's castro district. goes over to civic center plaza. a rally there starting at 6:45. david boys, the attorney for the anti-prop 8 forces says he expects this to be at the u.s. supreme court sometime in the fall of next year.

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

---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

(cheering) >> judge walker who made the ruling is expected to decide tomorrow whether to lift a stay preventing same sex couples from marrying. meantime supporters will appeal to the 9th u.s. circuit court in san francisco and the case is headed to a much higher court. >> but tomorrow will feel different because tomorrow i will have a sense of security that i haven't been able to experience in the past. >> this is the second time they've spoken on marriage and this is just another example of judges taking over and, you know, our democracy. >> the stay preventing same sex marriages, same sex marriage supporters packed castro street to celebrate the judge's decision. >> almost immediately arch the ruling came down, same sex couples began arriving at san francisco city hall hoping to get marriage licenses. they were told the judge's stay of his ruling meant no marriage licenses will be handed out to same sex couples until friday at the earliest. in san jose, santa clara county says her office was prepared to issue gender neutral licenses immediately. >> we already, stop already in case

. >> we are confident that on appeal judge walker's decision will be reversed. >> is there anything else? >> good evening, everyone. a federal judge rules proposition 8 unconstitutional. >> it is a decision being celebrated by some, mourned by others. either way the battle over gay marriage is not over. but this is a crucial step. >> today we eliminate the last official area of discrimination. >> this decision was met with joy and relief from the plaintiffs in the case which include a lesbian couple from berkeley. >> today we can go to sleep knowing that our hopes and our dreams to build our family and have legal marriage can be realized and are closer to becoming true. >> in his opinion, judge vaughn walker shows proposition 8 does nothing more than enshrine in the california constitution the notion that opposite sex couples are superior to same sex couples. and the attorney who argued to keep the ban in place wrote, "itis disturbing that the trial court has literally accused the majority of california voters of having ill and discriminatory intent when casting their vote for prop 8". o

. >> vaughan walker overturned proposition 8, the same sex marriage ban, last week.udge walker could let his ruling become law immediately or issue an extended stay. the fact that governor schwarzenegger and attorney general jerry brown filed a motion requesting that gay weddings resume has eric and matt optimistic the judge will rule in their favor. >> i'm feeling optimistic. >> laurie little says there's no way to know how the judge will rule. >> 52% of the voters in this state voted for prop 8. 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 saying, look, we're harmed every day. it's unconstitutional. >> maria and vanessa exchanged vows and are holding out hope their union will soon be legal. they had planned this wedding long before last week's ruling. >> we want that paper. right now it's a celebration. advance celebration because we know eventually we will get that paper. >> there is no time limit on when judge vaughan walker can rule. no heari

. >> they are among several same-sex couples hoping judge vaughn walker lifts the stay on his ruling that effectively liftses the ban on same-sex marriage. lilian? >> carolyn, there is much anticipation, especially among the gay and lesbian community as far as same sex marriages going forward. they are doing whatever they can to be prepared to get the green light. >> eric ross and matt wood are excited about their big purchase. this couple bought wedding rings since weddings are allowed again. they plan to mary at san francisco city hall as soon as they get word. >> we wanted to make sure if the window opens 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 cha

judge walker last week ruled proposition 8 unconstitutional. the measure passed by 7 million californians saying marriage should be defined as between one man and one woman. he placed a stay on the ruling and those who came to san francisco city hall hoping to get a marriage license were turned away. if if the judge lifts the stay, that doesn't mean same sex weddings will take place today. he hopes to give pro-prop 8 a week to appeal. he's going ahead, make his decision today. we're going to see exactly what it is at 9 a.m. to symptoms -- to stop the speculation. they have people ready to work overtime and a full staff that can handle 100 marriages per day. that's the story from here. let's go to theresa garcia. >> good morning. you know, terry, the tight economic times, it's unusual to hear of a transits agency with an extra surplus of cash. this is the case with bart. it's deciding what to dpo with its growing stash of extra cash. bart is in a position with a total of $8.5 extra million to work with. it announced a surplus because of extra st

vanessa and maria yesterday were denied a marriage certificate because federal judge walker issued a stay. walker tomorrow will receive paper work from prop 8 opponents on whether to lift the stay ahead of appeals to the ninth circuit court and the u.s. supreme court. >> walker when he said this opinion, he said it in concrete based upon the evidence that he had. an appellate court may blast it away later. >> this case is just in its beginning stages. >> we've always said that this was the first step in the battle. we've been in the court for nearly six years. we have a couple more years to go. >> reporter: in the meantime some same-sex couples are hoping their wedding date will come soon. >> we have a scheduled wedding already in three days, this sunday. so we're hoping like the sand will -- or the stay will be lifted. >> reporter: legal analysts and participating in this case tell us it could be a week to two weeks before they expect judge walker will enforce his ruling against propositioneight. >>> a female irs agent shot and wounded a man today who was trying to rob her. it happe

on wednesday walker ruled proposition 8 unconstitutional. the right to marry one's chosen partner applies to all californians. >> normally we don't talk about delaying the exercise of a right. that's what a right means. it is deep within the fabric of our society that is available to all individuals. i. >> there is no telling if judge walker will let it become law immediately or if there will be an extended stay. which will prohibit same-sex marriages as this case moves through the higher courts. >> i think everyone believes it will go to the supreme court. why muddle things up right now? let's just play it through and find out once and for all what the decision is going to be. >> but abc7 legal analysis dean johnson says the fact that the state's top officers are requesting the stay be lifted is a game changer since they technically represent the public. >> the fact that the defendants in this case say they agree with the decision of taking care of the consideration. >> there is no time limit on when walker can rule. judge walker has not sa

many people out here from both sides of the argument waiting anxiously to hear what judge vaughn walkercides. will he lift the stay on gay marriage? that's something that we should know momentarily. but again, the judge said he would tell us somewhere between 9:00 a.m. and noon. there's nothing legally binding to that. so at this point, juliette, it's a wait-and-see. >> we know you will be standing by throughout our noon show so we will go back to you should that happen. julie watts in san francisco outside city hall, julie, thank you so much. >>> joining us now is margaret russell a law professor at santa clara university. do we read anything into this delay or not? >> i think not. i think it's just a matter of the timing when it is -- i think the decision is already made. so let's talk about some of of the options here and a decision already made. you're assuming he is going to lift the stay, is that correct? >> well, my -- that's i -- i think it would make the most sense if he did given the arguments that have been made because you ha say the constitution was violated by the proposit

thank you rold reagan for judge walker. oh my god. oh my god. >> reporter: about 20 minutes ago police lifted the barricades on castro street so the party in the streets has pretty much wrapped up. but the head of the castro merchants' association tells me all of the bars and restaurants in this neighborhood are packed and that restaurant owners have with the large crowds here. we'll have an update on what is going on in the castro at 10:45. live in san francisco, ken wayne, ktvu channel 2 news. >>> in san jose dozens of people joined to celebrate the ruling. they talked about the generations of men and women who have fought to secure greater visibility and rights for lgbt people. it was just one of many gatherings across the bay area. >> this fight isn't just about marriage equality, it's about respect. . >> reporter: los angeles mayor antonio via row goes a addressed hundreds of supporters, which is one of the lgbt communities. he praised judge walkser to, as he put, ensuring marriage is a right for all californians. >> opponents of

some legal analysts believe judge walker will lift the stay order. >> he is inclined to look at thisay a stay isn't protecting anyone because there's no harm if we let same sex couples start getting married. so he might not be disposed to grant the defendants' request. >> but there's also concern that any new marriages can be overturned later if a higher court reinstates prop 8. courts have validated and voided same sex marriages during the legal wrangling over them. to deal with an influx of couples that wantto get married, they have been prepared to issue a load of licenses if that time comes. if the judge lifts the stay on same sex marriages, backers say they are going to file an appeal with the appeals court or the u.s. supreme court for an emergency stay. a decision could come as early as today. more likely next week. live in san francisco, theresa garcia abc 7 news. >> theresa, thanks a lot. it's 6:04. this morning a judge will set a trial date for barry bonds in the federal government's perjury case against him. today's hearing after prosecutors lost an appeal that keeps them

we've even posted judge walker's ruling in its entirety. you can also see a link to all of the video evidence presented at the trial. >>> in san francisco, one man was shot overnight. another man is in custody following a strange incident involving a federal agent. it happened on marlin court in san francisco's bayview district. police say the two suspects tried to rob the irs agent who was doincriminal work at the time. police say that's whether the agent opened fire. >> he fired a weapon and one of the suspects was shot and the other one fled. >> the injured suspect was hit in the torso and was transferred to san francisco general. the other suspect was captured close by the scene. allie rasmus will have a life you've date for us in the next half hour. >>> police in pleasant hill are searching for three men who robbed a house while disguised as police officers. now, police say two the of the men broke in through a sliding door of the living room in a home around 11:30 last night. they reportedly identified themselves as police. they were

judge walker wrote: california's highest court legalized same-sex marriage in may 2008, and about 18,000e- 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 children that come from the relationship. that's what we call traditional marriage. >> reporter: still, 52% of californians voted to ban gay marriage, so supporters tell us they're continuing outreac

he'll make his decision in the morning by noon judge vaughn walker says he'll decide whether or not to lift a decision on allowing gay couples to marry. nbc bay area's vicky nguyen begins our live coverage. she spoke with the couples anxiously awaiting tomorrow's decision. vicky. >> reporter: tom and jeff are filling out an application for a marriage license right now. they're ironing their suits, and they are preparing for an early morning trip up to san francisco tomorrow. they are hoping that judge walker will lift the ban on gay marriage in california. >> marriage license application for the city and county of san francisco. >> reporter: tom watson and jeff together for nearly seven years. but what happens tomorrow could change their lives forever. >> we're hoping that when the judge lifts the stay that then we'll be able to get our license and to be married there during that period of time. >> 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 and being e

judge walker says he wants to decide whether his order should be suspended while proponents of the ban pursue their appeal, perhaps all wait to the u.s. supreme court. he has asked for written arguments by both sides by friday. the plaintiffs say they know the battle is not over but today's decision does give them hope. >> i believe that we live in a nation of equal laws. and today's decision affirms my belief. >> equality is something that our nation has always been about. we read about it in school. our ancestors came to this country in search of it. well, this decision today brings paul and i and so many others like us closer to that equality too. >> reporter: in his ruling today, judge walker said proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. >>> that monumental ruling led to celebrations by gay marriage supporters who lined up outside the court house, but it also led to outrage from prop 8 backers, who insist that marriage between a man and a woman is the bedrock of society. we have team coverage tonight, i

thank you ronald reagan for judge walker. oh my god. oh my god. >> reporter: about 20 minutes ago police lifted the barricades on castro street so the party in the streets has pretty much wrapped up. but the head of the castro merchants' association tells me all of the bars and restaurants in this neighborhood are packed and that restaurant owners have called in extra help to deal with the large crowds here. we'll have an update on what is going on in the castro at 10:45. live in san francisco, ken wayne, ktvu channel 2 news. >>> in san jose dozens of people joined to celebrate the ruling. they talked about the generations of men and women who have fought to secure greater visibility and rights for lgbt people. it was just one of many gatherings across the bay area. >> this fight isn't just about marriage equality, it's about respect. . >> reporter: los angeles mayor antonio via row goes a addressed hundreds of supporters, which is one of the lgbt communities. he praised judge walkser to, as he put, ensuring marriage is a right for all

. >> 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

to mister and misses walker. why would they send my parents a check?hat matters. ♪ so i grabbed my son a juiceed dbox...and left the cooler lid. open. twenty minutes later, all our hot dogs were gone. and so was most of the car. my mercury agent, steve, told me the car was covered. i switched to mercury because i saved hundreds of dollars on my car insurance, but it was the service that really made me a happy camper... er...ex-camper. call 888-4-mercury or visit mercuryinsurance.com to get a fast, free quote and start saving today. >>> santa barbara county sheriff's deputies say they have busted one of the largest marijuana growing operation they have ever seen. a tip led deputies to nine greenhouses between highway 101 and the pacific ocean. deputies found between 10,000 to 20,000 plants worth more than $40 million. they also sized several hundred pounds of processed marijuana and arrested three people. the greenhouses used to be part of the los pueblos growing houses. >>> the attorney for steven slater says his client hopes to go back to work and bla

which brings us to this morning, as we await judge walker's decision. but no matter what he decides this morning, this is not the end. rather, just the latest chapter in a legal story that's expected to continue for years. sydnie? >> all right, julie. thank you very much, julie watts in san francisco. >>> we invite you to stay with us for complete coverage of today's announcement. again, we hear it's going to come sometime between 9:00 a.m. and 12 noon. we will have live coverage here on cbs 5 and on cbs5.com just as soon as that decision is made public. >>> a city planning commission has given the go-ahead for a 63- foot-tall minaret at a mosque in santa clara. the minaret at the muslim community center on scott boulevard was previously approved but a nearby business owner appealed the decision saying the tower doesn't fit the neighborhood. for others on both sides of the issue, it was the religious significance. >> to me, to have symbolism, to me it's what happened on 9/11. >> this kind of thinking is very counterproductive, you know, in a society lik

i heard reverend walker. i want to thank him for all his strong support through this process. [laughter] i do not know if angelo kking is here. with a richardson, a miss bromo. [applause] there are thousands of view. and to the acc -- the new acorn -- and that is nothing to be ashamed of. and our committee, for sticking this out as long as you have. to the residents who were there from day one. they have been patient throughout. thank you. [applause] i want to thank our friends in labor. there were some heroes that really stepped up. mike casey really stepped up when we needed him. [applause] thank you, manny. there he is. mike, connie ford, and tim paulson, who wish to could have been here. thank you, tim, for your stewardship and support of all of this. i'm sorry to be long winded. i have said this. there's nothing more important. the first department head meeting i had was at west point and middle point. it was literally hours after i was sworn in as mayor. i said we needed to commit ourselves. to be back up where we are rebuilding those hunters point public housing sites,

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

judge walker wants to hold a hearing friday before he makes that decision., the interesting part about that decision is what if he lets the marriages go ahead and then the 9th circuit court of appeals overturns him? what happens to those marriages? in san francisco i'm simon perez, cbs5. >>> they are celebrating in the streets in san francisco's castro district tonight. earlier this evening hundreds of supporters of same sex marriage marched along market street to city hall and joe vazquez live in the castro where it's been an emotional roller coaster these past couple of years. joe? >> reporter: i talked to several same sex couples tonight who have a similar story. they were crushed by prop 8. tonight they are thrilled, but it is a measured excitement as they acknowledge that the judge's ruling is by no means settled law. [ cheering and applause ] >> reporter: lesbians and gays are still having ceremonies, but since they're still not allowed to have marriages recognized by state law many took to the streets in the castro tonight. and marched to city hall to

if it doesn't, i know when it gets to the supreme court, but does judge walker's ruling -- >> judge walker'soesn't right now at the moment. it deals with california's constitution. but as it works its way up the judicial ladder, his decision is framed broadly enough so that there is the potential for national impact depending upon how the appellate courts handle it. there are some who think that the 9th circuit could possibly address this in a narrower way, sort of tailored to california's peculiar situation of already having some couples married and not allowing others that would limit the national impact and maybe the supreme court would pass on it. but i don't think -- >> belva: finally, the political side of this. will this become a football in the upcoming november election? >> oh, it already is. you saw exultant, happy statements on wednesday from jerry brown and barbara boxer and kamala harris. you saw very cautious, well, this is only a trial court, we have to appeal this, it's the will of the people is at stake statements from meg whitman, carly fiorina, and steve cooley. so this is

judge walk walker issued the stay.he ruling gives gays and lesbians the same rights as straight couples. san francisco police are investigating the attempted robbery of an off-duty irs agent. the agent shot and wounded one suspect on marlin court in the bayview district around midnight. another possible suspect is being questioned. the wounded man's injuries are not considered life-threatening. >> the good news, leaving half moon bay all lanes open eastbound 92 there was an earlier accident. traffic is flowing well on the peninsula. we have a live shot for you at the bay bridge toll plaza backed up to the ends of the lot. it's looking good across the san mateo bridge, the golden gate bridge and traffic well southbound 101 through san rafael. terry? >> mike will take a look at the forecast a a a a a a a a a a a a >> ...berber carpet. it was a whole bowl of stew. nooo. why? i could have saved this one. i could have saved this one. ♪ call 1-800-steemer ♪ welcome to ultimate rewards from chase. no blackouts, no restriction

walker had not commend but either way the defense says it won't be a factor as they appeal his ruling to the ninth circuit court. most believe the issue will eventually end up before the u.s. supreme court where he is convinced they will agree with judge walker's decision. >> this is a right well recognized for hundreds of years, individuals to marry. >> reporter: cbs chief legal correspondent says not so fast. also appearing on the talk show circuit, she points out the supreme court would have to set aside the laws of 44 states in order to agree with walker's decision. as the appeals process is just beginning, it could be years before it gets that far. in the newsroom, julie watts, cbs 5. >>> a livermore mom accused of molesting two teenage boys now faces more charges. 42-year-old christine hubs is accused of 67 felony counts of sex with the 15-year-old. police say while investigating the assaults, they discovered another incident where she allowed a group of 10-year old boys to shoot pellet guns around her car from livermore. she will be arraigned tomorrow. >>> hewlett-packard xceo

judge walker already granted supporters a temporary stay against performing any marriages.gave both sides until tomorrow to submit written responses as to why the temporary stay should remain or be lifted. supporters of the voter approved proposition 8 had argued even before the judge's decision was released yesterday. any same sex marriages which would be performed after the ban was lifted could be complicated by rulings and appeals farther down the legal road. the 136 page opinion issued is headed to the ninth circuit court of appeals now where if judge walker rules not to extend the stay on his judgment, prop 8 supporters could still ask the court of appeals for suspension during their own appeal. that appeal could take months. then it may be on to the u.s. supreme court where one justice in particular may hold a swing vote. >> you'll have four liberal justices and four conservative justs and i think you'll have the swing vote not surprisingly in the middle once again and how the other justices predict justice kennedy will vote is probably going to be a big factor in wha

people can criticize judge walker but at the end. day he didn't make the decision about how to defend this case. the state attorney general and governor refused to defend the case. the lawyers representing the proponents of prop 8 argued religious beliefs and moral disapproval. whether you like it or not, those things are not allowed as a defense to a law. our constitution simply does not allow moral disapproval alone as a reason to interfere with any group's constitutional rights. we learned that on race discrimination and sex discrimination, as well. >> chuck, let me have your thoughts on that. >> well, i think that actually the detailed sociological nature of the ruling by the judge is one of the weakness in the case. he went about 100 pages describing various studies that were submitted to the court by four advocates for same-sex marriage and completely dismissed the testimony of two people on the other side. and there are many more out there in academia. what it points out though is that when you're dealing with these studies, l