♪ did you ask the attorney general for the authority to appear? >> we did not, your honor. and i would -- >> you thought you were not appearing for the people, i assume. >> your honor, we're appearing on behalf of the county, the county clerk who have direct responsibility, responsibilities to issue marriage licenses. >> the court's fight over california's same sex marriage ban turned into a sparring match. sponsors of proposition 8 argued the three-judge federal appeals court saying they have legal finding to challenge the lower court ruling the ban is unconstitutional.

here before the 9th circuits court of appeals, protestors are kept things lively. terry? >> all morning long you had the no on eight people of this side of 7th street and the yes on 8 on that side. but a short time ago all the no went to watch the spreading leaving the yes on 8 to run the show on street level. in the courtroom the arguments are on the way. >> you don't know the answers? >> i don't know the answer but i don't think the case turns on that. >> it doesn't matter whether it turns on it. when you ask a question and you don't know the answer, say so. >> outside the federal courthouse on 7th and mission, a different sound ♪ >> before today's proceedings, a rally against proposition 8 with all four plaintiffs. >> we're upholding a decision based in truth that prop 8 is

unconstitutional. until we get to watch ted and david defend that position here. >> on the other side of the street, the other side of the issue. >> the bible said god created man and woman. that's the way god created the -- >> david boyce, the man who came out on the wrong end of the election battle believes he'll come out on the right side of this battle. >> this is a constitutional question. no vote can take away fundamental rights. >> the real losers could be the voters in california and the democratic process. >> california's debated this more months. millions were spent and they understood the arguments and the nature of what was happening and voted collective voices on an important decision and put it in a constitution. that's not something we just toss out. >> there's so much disagreement in the street and courtroom but one thing that both sides agree

on that this is not the end of the road for this issue. terry mcsweeney, abc 7 news. >> terry, thanks very much. for some legal analysis we're joined by dean johnson. i was struck by the judges and their hostility. >> the question of the morning is who, if anybody, gets to speak for the people of the state of california. and all three justices are peppering both sides with questions. the proponents, they're asking elizabeth vargas is a deputy clerk in imperial county. does she have the authority to speak for the people and the attorney general and the governor don't. on the other hand, if the attorney general's not here who does speak for the people? who will speak for those voters who supported proposition 8. >> why did they seem so harsh, abrasive? >> i think they're wrestling with this issue. it's a difficult issue. there's cases going either way. there's no definitive case that

presents exactly this situation that anybody can point to. in fact, charles cooper, the lead counsel for proposition 8 said, judge, i think this case today we're arguing is the case that's going to make this law. >> they could do it narrowly or nationwide. so many ways to rule on this. >> one of the reasons the judges are so interested in this standing issue is it's a good way to exercise judicial restraint since we don't have the state officials before us who can talk definitively about state policy, perhaps this is not the case where we decide this huge cultural issue. >> when do you think that decision will come down and when that decision comes down, does it automatically go into effect? >> i think the decision will come down in a couple months. it won't go into effect probably unless and until the indicate is resolved i by the supreme court. the stay on same sex marriage

will stay in effect until this case is finally resolved. >> i think one of the judges were saying why are you in federal court? why don't you keep this in state court? >> there's an issue of state law here. if california would confer standing on the proponents of prop 8 under their law why shouldn't we? and maybe we should ask the california supreme court. what is california law? and if they could certify a question, they could answer that and proceed from there. >> both sides say if they lose they will appeal. so what's the next step? >> the next step would be for the losing side to request on bar appeal which is the entire 9th circuit court of appeals and the losing side would take it to we think the supreme court where we believe he would be accepted. >> everything doesn't happen quickly. it seems to move at a snail's

pace. >> believe me, this is moving rapidly for a federal appeal of this magnitude but relatively speaking it's going to take a couple years which seems like a long time. >> dean, thanks very much. >> by the way we are streaming proposition 8 proceedings live on our website with our attorney here dean johnson. abc 7 news also with eric thomas hosting that. hope you'll join him for that. >> in other news today alameda county authorities are investigating a suspicious package in castro valley. that was found near the quality auto parts store at somerset at the 2800 block of castro boulevard. authorities closed down the streets and evacuated several buildings. we're trying to get more information and will bring it to you as soon as we get it. >> in oakland police are investigating the death of a four-month-old baby as a homicide. authorities say the baby had been suffocated early yesterday morning and then revived with chp at a home on 6th avenue.

the infant later died after being taken to a children's hospital for treatment. police aren't saying if anyone has been arrested in connection with the child's death. >> the man charged with sexually assaulting a two-year-old girl is back in court this morning. eugene ramos is expected to enter a plea in alameda county superior court for charges last week in a union city dollar store. ramos assaulted the toddler after she wandered off from the family. the grandmother's screams alerted other shoppers. two men blocked ramos's exit and held him until police arrived. ramos is a registered sex offender and prior conviction for assaulting a seven-year-old hayward girl in 2003. >> three people admitting holding captive and torturing a teen for years. the boy's legal guardian was sentenced this morning after pleading guilty to more than a dozen felonies.

the 16-year-old boy escaped from the couple's tracy home and ran to a nearby fitness club with open bleeding wounds and a chain padlocked to his ankle. he had been beaten, starved and burned. a fourth person was found guilty last month. anthony wader faces life in prison. >> a bart police officer is recovering in the hospital this morning after his car was hit during a late-night chase in hayward. it all unfolded around midnight when alameda county sheriff deputies tried to make a traffic stop. the suspect rammed a deputies car and hit a bart police officers car who happened to be driving through the intersection. the officer is now in the hospital with non-life-threatening injuries. the 23-year-old suspect is in icu with head injuries. he was on parole. >> oakland's police department is shrinking so fast it doesn't have enough officers to cover some patrols and many investigative units have been stripped to the bones. the san francisco chronicle

reports some 80 officers were laid off in june because of budget cuts. 21 more officers have retired. 12 other left for other police departments and five have simply quit. that leaves the department with only 670 officers. the chief estimates that 925 are needed to get the job done. this afternoon governor schwarzenegger will provide details of his plan to deal with the state's $6 billion budget deficit. this morning the governor called an emergency special session to deal with california's latest budget deficit. he says lawmakers need to tackle the problem now, not when governor elect jerry brown takes office next month. the governor's expected to propose more layoffs and deep cuts to education. now, at noon, 28 newly elected members of the state assembly and senators with reelected lawmakers will take the oath of office. >> president obama says congress needs to reach an agreement over extending bush tax cuts to prevent taxes from increasing on the middle class. on capitol hill lawmakers are

working on a deal that also would include restoring benefits to those who have been out of work for a long period of time. john hendron has the latest from washington. >> some democrats think the white house just blinked. >> tax cuts for the wealthiest individuals have led us into this recession, cost us 15 million jobs, have utterly failed. >> it looks like a break in the impasse over tax cuts but is it a compromise. democrats wanted a catch cut just for the middle class. that failed in the senate. >> the motion is not agreed to. >> under agreement in the works, republicans would get what they want: tax cuts extended for everyone for two years forcing the president to break a key campaign had promise. >> we don't want no tax increases or no bite. that may be poor grammar but it's great economics. >> unemployment benefits for one year. >> if you don't force fast action, what you'll end up doing, just kickin' the cab down the road and the only thing

though jobless americans get is a really kicked can. >> a tax credit proposed for those earning under $75,000 a year. a deal the white house has negotiated with largely with the republicans. >> more conversations in the last two weeks than the last two years. >> many democrats aren't happy about that, some likely to vote against it. extending all the tax cuts would cost $350 billion in two years. unemployment would cost $40 billion for another year. that's about half the size of the president's stimulus package. john hendron, abc news, washington. >> still ahead, an original member of the monday night football broadcast team has died. >> a look back at the life and achievements of don meredith. >> how can you help the families

>> closed captioning brought to you by mancini sleepworld. >> former nfl quarterback and original monday night football analyst don meredith has died. he played nine years mostly for the dallas cowboys making the jump to the broadcast system in 1970. he helped make abc monday night football a star thanks to his whit and folksy call. his call, turn out the lights, the night is over. he spent time as an actor and products spokesman. he died of a brain hemorrhage yesterday. he was 72. >> tonight in san francisco,

several authors will take part in a fund-raiser who help free the u.c. berkeley hikers still imprisoned in iran. shane bauer and josh fattal and sarah shourd were arrested last year. she was released in september for health reasons. the oakland tribune reports their families are in need of financial help because of legal fees, travel expenses and other needs. family members lost or quit their jobs as they dedicate the themselves to fighting for the freedom of their loved ones. >> you can put your umbrellas away for the day. keep them handy though, right? >> turned the lights off on the rain for a while. could be ace quickly as wednesday. snow from the sierra, too. and tae stray shower is possible. why that cloud there may drop one of those showers. >> ahead, a lawsuit against wal-mart that began in the bay area heads to the supreme court now. >> we'll tell you about the

largest tidal wetland respiration project in the south bay.

♪ the supreme court has agreedto consider whether a class action discrimination lawsuit against wal-mart can go forward. it's the biggest employment discrimination lawsuit in u.s. history. the suit claims wal-mart paid female employs less than men. it began in 2001 with an east bay woman who worked as a greeter at the pittsburg wal-mart. it could include back pay to 1.5 million current or former wal-mart employees. they are appealing a ruling that said the class action lawsuit could go to trial. wal-mart executives issued a statement saying they look forward to the consideration of the appeal. >> facebook.com is redesigning the profile pages of its 500 million plus subscribers to make

it more of a reflex of real lives. they say that the changes are meant to make it easier for users to tell their story, who they are, where they work and who the important people are in their lives. the challenges include a bio section that shows not only who you are but where you live. most recent pictures that your friends have tagged you in. >> what has been dubbed the largest tidal wetland restoration effort on the west coast. excavators began digging and the levee broke spilling water against the dry pond once used for commercial salt harvesting. it will provide habitat for fish and birds and ultimately species such as the endangered saltmarsh harvest mouse. >> history in the making. >> look at that snow behind mike. >> beautiful! >> nice if we could get that

first snowfall report. we know we're doing better than average with all the snow we've had. up to 9 feet. let's take a better look. zoom in from heavenly valley and show you how it's usual during the week. slopes kind of quiet. hence we should go there during the weekend. this weekend a great weekend because you won't have a snowstorm to deal with. let's bring it home and show you how we have vertical developments in some of these clouds. may get just enough moisture that they drop a sprinkle or two during the afternoon hours. mostly dry. live doppler 7 hd, maybe a little radar return around saint mary's, another next to mill valley. that's about it. the wet weather, the better variety or the bigger radar returns in central valley and even those starting to shrink as are the snowstorms up in the sierra. a pretty bright day. temperatures haven't moved much since this morning.

the monterey bay and inland low to mid-50s until you get to monterey and about 57 degrees. partly cloudy, dry and mild today. it will be cooler tonight with patchy fog forming, especially in the north bay valleys. wet again wednesday and thursday. that's when you need to get that umbrella back out of wherever you put it now to dry. we're looking at the clouds, the sunshine, the temperatures in the upper 50s to low 60s today. even more sunshine and warmer weather around the monterey bay, upper 50s to low 60s and low 60s as you head inland. around the state today, all these showers are already starting to dissipate. mostly cloudy conditions around chico, 62. 62 sacramento. 43 tahoe. more sunshine and mid to upper 60s l.a., san diego and palm springs. back home tonight, the thick fog up in the north bay valleys. that's where it's most prevalent. low to mid-40s so the coolest weather there mid to upper 40s for the rest of us. fog can form anywhere tonight. falling of high pressure

developing right here and that is what is bringing us the drier and quieter weather. it's going to be a quick push of dry weather. that next system you can see was lurking right behind it. 5:00 tonight you can see pretty much quiet conditions. tomorrow morning going to be a quiet commute. no need to worry about water or slick streets. by the afternoon hours tomorrow you see the high clouds rolling. that's how you know storms are on the way. the morning commute should be wet up in the north bay while the rest of us are dry but anticipating the rain to slight ride down the bay from north to south. heaviest rain moving out of the south bay by 5:00. showers wednesday night into thursday morning. they start to taper thursday into the evening hours. 7-day forecast, these storms mainly coming in from the west instead of the northwest where they would grab cold air from alaska and that's why temperatures even wednesday will be the upper 50s to near 60 degrees. low to mid-60s for friday,

saturday and sunday and looks dry this weekend. >> don't mind a little rain if it's mild. not cold rain. >> a little cold over the weekend. >> this is much better. >> appreciate it. coming up next, just in time for the models. mountain view based google

>> today on oprah at 4:00, the secret behind michael jackson's new album. emergency landing after a dog bites two people mid flight. wind turbines in the altamont pass both bird and energy friendly. those stories and more at 5:00. >> hi-tech giant google is now in the e-book business.

the company opened its long-awaited internet bookstore today, a direct challenge to amazon.com and the kindle. google will draw on the printed books that will scan into its computers the past six years. and books recently released by some 4,000 publishers. millions more out of print titles will likely appear in the store once legal disputes are settled. >> we are streaming those hearings on proposition 8 live at the 9th circuit court of appeals. eric thomas with our legal analyst dean johnson. you want to tune in for that. >> that's it for us today. thanks for joining us. >> "who wants to be a millionaire" coming up next. bye-bye. [ female announcer ] keurig has over 200 varieties

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