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anything. the milestone for people against proposition eight. celebrating a legal victory that for now doesn't change anything. the milestone for people against proposition 8. >> it's just judicial tyranny. >> but the majority of people did vote for prop 8 and they could still get their way. reaction from supporters. ckets to candlestick. why they were at the right place at the right time. they'd even bought their tickets to candlestick, why thousands of soccer fans missed a lot of tonight it's match. and there may be only one place in the bay area where camels and fish are side by side. the caldecott tunnel, what else is in that dirt? the news starts now. >> this is cbs5 eyewitness news. federal judge in >> good evening. i'm allen martin. unconstitutional, that was the ruling from a federal judge in san francisco today on california's same sex marriage ban. however, gay marriage is still on hold at least for the time

being. simon perez with a closer look at today's decision. >> reporter: judge vaughn walker left little doubt he thinks california's voter approved ban on same sex marriage is unconstitutional. first he said proposition 8 violates the u.s. constitution's equal protection clause which says all people should be treated equally. >> whether a person can marry someone should not depend on whether the person is male or female. if somebody loves sally, they should be able to marry sally whether they are joe or susan. >> reporter: and he said it also violated the right to due process. >> the due process clause of both our state and federal constitutions protects our liberty from the government depriving us of that liberty. one of the most important fundamental rights we have as part of our liberty is the right to marry. >> reporter: because walker called marriage a fundamental right he wrote that the majority of california voters supported proposition 8 is irrelevant as fundamental rights may not be submitted to a vote. walker also weighted into the

cultural aspects of marriage by saying banning same sex marriage exists as an artifacts at a time when the genders were seen as having distinct roles in society and marriage. that time has passed. >> we no longer treat fathers and mothers having different rights where mothers automatically get custody and fathers don't. we've now decided that in family roles gender should not be as relevant for purposes of legal distinctions. >> reporter: prop 8 proponents say same sex marriage wasn't needed because domestic partnerships provided enough benefits to same sex partners. judge walker didn't accept that argument either writing domestic partnerships do not provide the same social meaning as marriage. >> when voters take the initial power into their own hands, they're basically acting in the same way as a legislature, both the voters and the legislature, have to comply with the constitution. >> reporter: same sex marriages will not resume right away. judge walker wants to hold a hearing friday before he makes that decision. of course, 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

rally for what they see is a battle won in an ongoing war. >> we just feel the need to celebrate because the last several times we've been here for prop 8 there have been moments of sadness and anger and so it's great to feel good about prop 8 being overturned. >> reporter: at first there was confusion. at 2:00 this afternoon vanessa and maria heard about the judge's ruling. >> you hold your head up, girls. it's going to happen. >> reporter: and rushed to city hall to try and get married. >> we threw the county clerk a curve ball. they weren't expecting this. >> they weren't expecting us to be here rushing and asking for a marriage license. >> when you get a decision like that, why not? >> reporter: just six months ago they had come here asking for marriage forms and a clerk told them no. this time it was different. >> today it was could you hold on for a minute while i get paperwork. >> reporter: what went through your mind right then? i said this could be the day. >> i was calling back east to some of the folks that i know in the law firm to say look,

what is your opinion as we're sifting through this because we have people lined up downstairs and i need to tell them what to do and literally by the time that was process we got the official stay. someone got it on their blackberry and say wait a speck this wednesday we stopped. >> reporter: at -- second and then we stopped. >> reporter: at 2:09 that was put on hold. as straight couples continued to exchange vows the clerk came back to vanessa and maria and told them they'd have to come back another day. >> they said there was a hold. >> we're like nine minutes late? it was disappointment. i wouldn't say complete disappointment. the main thing was equality for all and that's what was granted. so this is just a little bump in the road. that's all. >> reporter: vanessa is recovering from knee surgery, but she and maria still plan to follow through with a long planned wedding on sunday, but it's a wedding that will not be recognized by the state. >> thanks. joe vazquez in san francisco. i think it's absolutely

fabulous. i really didn't expect it to turn out this way. >> in the south bay supporters of same sex marriage met for a rally at the community center in fran jose and later marched down -- san jose and later marched downtown to celebrate the ruling. judges decision. the same story in sacramento. hundreds of people gathered midtown tonight to support today's judge's decision. the two bay area lesbians who filed a lawsuit along with a southern california gay couple called today's ruling an important step toward change. >> this decision says that we are americans, too. we, too should be treated equally. >> we're not here to change the world. equality is something that our nation has always been about. >> kristin perry and sandra steer are from berkeley. they along with paul catani and jeffrey berillo of burbank filed the challenge to prop 8

this year. they say it foiled their hopes of getting marriage, but supporters say today's ruling is a slap in the face voters. >> judicial tyranny taking away the rights of the voters to define the foundation of society, marriage between main and a woman. >> the cal -- a man and a woman. >> the california republican party also weighed in on today's ruling and says it's firm in its stance on upholding traditional marriage. still today governor schwarzenegger issued his statement saying this decision affirms the full legal protections and safeguards i believe everyone deserves. our exclusive poll found most respond ends disagreed with the judge's decision -- respondents disagreed with the judge's decision and a statewide survey said the judge should not overturn prop 8 was 46%. 43% said it was the right thing

to do. 18% aren't sure. you can read the entire decision for yourself at www.cbs5.com. what from the a night of watching the world's best soccer players here in the bay area didn't go as planned, what kept fans away from the action. fish, you just broke that open and you can see the fishbones that are sticking out there. >> fish on what's now a hillside, what else is being dug up at the caldecott tunnel. and an undercover federal investigation at colleges, authorities weren't going after the students, why they were watching the recruiters. >> 10 degrees cooler today than yesterday, but the coolest day of the workweek is still to come. i'll pinpoint that day when you should expect it as eyewitness news continues right here on cbs5. ,,,,,,,,

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jcpenney. a budget disaster. california on the brink. jerry brown's plan? you run for office and the assumption is, oh, i know what to do. you don't. i didn't have a plan for california. [ female announcer ] with our state in crisis, we need a governor with a plan. you need a real plan, something i'll acknowledge i did not have. [ female announcer ] jerry brown. no plan then. no plan now. meg whitman. a plan for jobs. log on. learn more. meg whitman. a plan for jobs. ♪efty ♪ stiy ♪ hef ♪ snky,tink ♪ hef, hey, hty [ nounr ] hey ba witunscted od blo tecolog.. helpeutrize ors anstophe snkie ♪ snky,tink stiy ♪ hef, hey, hty

will not run for re-election in november. he oakland mayor ron dellums announced this afternoon he will not run for reelection in november. he made that announcement in private this afternoon to a few staff members, then released a

statement to the public. there were no specifics as to why he's not running other than to "it's time to pass the baton to the next generation of leadership." enthusiastic world cup audiences proved the appeal that soccer is growing in the united states. tonight service one of the hottest tickets in san francisco. robert lyles at candlestick where some angry fans dealt with a ticketing problem. robert? >> reporter: well, allen, get this. we're all accustomed to hearing fans at professional soccer matches scream goal with that very long o, but it's highly unlikely that any of us are accustomed to thousands of fans standing outside a professional soccer match shouting refund. >> refund! >> we want our money back because we're missing the whole game! >> we've been waiting for about 25 minutes and we started up there where that guy is on the hill and we're now right by this tree. my son is in the red sweat

shirt. i mean there's so many of us that have a lot of money invested in this. >> refund! refund! >> i'm angry. i pay because i wanted to see the show and they did not give me my ticket and i even came and talked to the people there. i believe they should do something about it. >> this is insane. >> we went to two lines. we waited through that whole line. we got there and they said you have to come here. this thing, there's 1,000 people here. >> guess what? there's a $10 convenience fee that we pay. this is convenience? >> reporter: fans paid as much as $95 a ticket for this exhibition game. why so much? this is the first time most in the bay area are able to see world cup champion riyal madrid. they took on club america and mexico tonight. no. 7 for riyal madrid is to the soccer world what lebron james is to the nba.

50,000 fans were expected to fill candlestick to see soccer royalty. instead many missed the match- up because most tickets were sold and held at wheel call. frantic fans threatened to storm the gates. cbs5 tried contacting organizers el max cano foods for an on camera response. we were told on the field the fans had been let in. those fuming fans weren't let in until after halftime. they ultimately were able to see riyal madrid beat club america 3-2, but it seems that the fuming fans and those really pricey face values on the tickets could prove bunn one thing and that is that bay -- one thing and that is that bay area fans' appetites for professional soccer is certainly growing. >> seems like the fans should have been paid an inconvenience fee. hey, tomorrow bp plans to start pumping cement down that blown-out well in the gulf after engineers had success

with the static kill method. >> the long bat to stop the leak and contain the -- battle to stop the leak and contain the oil is finally close to coming to an end. >> crews forced mud down it the well overnight. bp says it's pushed the oil back down to its source for the first time since the rig exploded back in april. now despite the success the government wants the relief wells finished to make sure the damaged well is dead for good. >> all right. roberta, i think a lot of people would like to see a static something done to that fog. >> oh, there was no static today, nothing but lots of business. for this wednesday, hey, we all scream for ice cream. there's sharon chin and lawrence karnow. we joined forces with the oakland a's trying to raise money for juvenile diabetic. last count $31,000 was raised and then -- juvenile diabetes. last count $31,000 was raised and then it was off to the embarcardero challenge raising money for the ymca.

it was cloudy, foggy for the running of that run, that race that raised money, and tomorrow morning temperatures in the 50s across the board with low clouds and fog streaming into our inland areas. tonight overnight numberwise 50 in pacifica, 58 degrees in mountain view. the wins are finally -- winds are finally beginning to subside out of the west, southwest 5 to 10. everybody has been asking why the low clouds and fog hanging out so long? it's an upper level disturbance hanging out over california going nowhere enhancing that marine layer. temperatures will continue to nosedive. today was cooler than yesterday. tomorrow will be cooler than today. 50s beaches, low 60s san francisco to 80 in livermore. yesterday it was 91. today it was 82. tomorrow a couple degrees cooler and then on friday it should be the coolest day of the workweek. over the weekend it looks like pretty much a stagnant weather pattern all the way through wednesday. again we invite you to send

your pictures as this one was sent to us by mrs. wilson. i got a great big bear hug from her son, a big oakland a's fan. he's development a root bear and made a donation to the juvenile diabetes foundation. thank you very much, mrs. wilson. digging the fourth bore of the caldecott tunnel has been digging up some history. >> reporter: the construction of the caldecott tunnel is going full bore. part of the hard hat brigade includes paleontologists. scientists who study fossils are here also studying their rocks and they're hitting pay dirt. >> it's much more like enamel than bone, this tooth. >> so far we found a large camel, a camel of this period which is about 11 million years old, about the size of a giraffe. >> reporter: josh wyatt works for paleo resource, a firm

hired by caltrans to monitor any unearthed fossils while digging the new tunnel. they have found vertebrae, teach from ancient camels -- teeth from ancient camels and horses, an ancient leg bone and a small tooth from a rodent. >> so far we've found over 500 samples from this unit. >> reporter: scientists expected to find fossils. this is not the first time fossils have been uncovered at the caldecott. >> when tunnel three was put through, there was an ancient whale that was brought out of the bottom of the orinda which surprised everybody because they didn't think it was marine. >> reporter: dr. lean fisk oversees the scientists work ago longside the construction workers. -- working alongside the construction workers. it can be dangerous work, but it's an invaluable look back in time. >> fish, you just broke that open and you can see the fishbones that are sticking out there. >> reporter: do you feel like indiana jones? >> actually my nieces call me

that every once in a while. >> reporter: anyone can get a drive-by glimpse. look at this hillside. the brown part is old lava while the dark gray is an ancient riverbed now turned on its side. this is where you'll find the fossils. scientists have only scratched the surface of this project so far and found a ton of fossils. there's no telling they say what they'll find once the real tunnel begins. in contra costa don ford, cbs5. >> we'll let you know what they find. seems honorable enough, enroll students into college, but the feds say the means volcano lies and pressure tactics -- involve lies and pressure tactics, the results of an investigation into more than a dozen colleges run by companies. ,,,,

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students in schools run by for profit companies are getting an unwanted lesson in economics. a federal report blasted those schools today for shady recruitment practices. as juliette goodrich reports, some schools will say anything to get students to enroll. >> reporter: michael pererra didn't have any doubts that enrolling in a $17,000 program at western career college was a good idea. >> when i went in and talked to

the admissions representative, i felt like this is the place for me. i don't need to research anything, you know. she sold me. >> reporter: but when the walnut creek resident graduated nine months later hoping to land a job in a doctor's office, he got a surprise. >> you must have at least two years experience in this field. there's just something that i was not told. >> reporter: he's not the only graduate getting a reality check. government investigators went undercover at 15 for profit colleges in six states. they found virtually all made misleading or incorrect statements to the undercover applicants like overstating how much graduates could expect to earn. >> 300 a day and that's just almost all of them. we have some students making 6, $700 a day. >> reporter: lying about how student loans really work. >> it's not like a car note where if you don't pay, they're

going to come after you. >> reporter: and generally giving prospective students the hard sell. joshua prine is a former admissions counselor of westwood college online, one of the 15 schools investigated. >> the most appalling example i can think of was in my assistant director of admissions on my team was presented with the best liar award at a team celebration. >> reporter: juliette goodrich, cbs5. >> all the schools investigated received at least 90% of their revenue from federal student aid. the government is now pushing to put more restrictions on that aid by requiring colleges to prove that they live up to their claims. now if you have a consumer problem, you can call our hotline 888-5 helps you. a former 49er super bowler has passed away. i'm dennis o'donnell and the giants had the chance to take first place in the west. we're up next. i was good today, i deserve it! or, i could have a medium slice and some celery sticks

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come on and get on the plane. we're saving you money. now that's a plane full of happy. [ employees ] grab your bag. it's on. [ ding ] in 1984 bill walsh traded two lower round draft choices for gary big hands johnson. had he five sacks for the 49ers that year -- he had five sacks for the 49ers that year and helped them win the super bowl. hands passed away tonight after suffering a stroke two weeks

ago. he was just 57 years old. ubaldo jimenez trying to keep the giants out of first place in the west, struck out five in the 3rd, nine in the game and got win no. 17 of the season. gum gartner had his shortest outing in -- bum gartner had his shortest outing in the league. the former a's prospect first multi-homer games, giants lose 6-1 and remain one game back of the padres in the west. in oakland today brett anderson found his mojo. the a's left hander gets his first win since may 29th, three hits, two runs in seven innings, tied in the 6th, though, not anymore. kevin kouzmanoff hits one to ebb fient. sue disuse i slides in. -- infinity. suzuki slides in. a's win 4-3 the final. two on. high drive. center field deep, going back

well, looking up. see ya! there it is, no. 600! alex rodriguez. >> august 4th, 2007, a rod makes .500 today did so again. at 35 he's the youngest to hit 600. barry bonds put a message on his website welcoming a rod to the 600 club saying he only has 163 to go. cbs5 will a rod beat barry bonds record? look at that, 98% saying he will. i must be one of the -- i say he will not. that is not going to happen. bonds will retain that record. in march we told you about ashley cumland running across the united states to raise money for multiple sclerosis, a disease that has stricken her mom. >> i'll be the 13th female to run across the u.s. >> she runs the equivalent of a marathon a day one day off a week. she's already completed 2,300 miles in four months, burned three pairs of shoes, arrived

in chicago today and relished a chance to kick up her heels. >> being this close to the players now and seeing the pitches are mound i'm so excited and it's cool to be under the big lights and it's going to be a once in a lifetime opportunity. >> yeah, what an effort for her. we only have time for the no. 1 play of the night, japanese baseball greatest catch you will ever see. this is a hiroshima center fielder as he scales the wall and lobs a home run. pretty amazing, isn't it? the carp outfielder they say. incredible shot. no. 1. >> for a carp that's not bad. >> we'll be right back. ,,,,,,,,,,,,,,

after a white house event, guests and staff burst into ♪ happy birthday to you. >> yeah, 44. very good marilyn imitation there. he turned 39 today after the white house event. they burst in song. then he took off for chicago with his dog bo going to celebrate with friends because he and the dog were the only ones still at the white house. first lady michelle obama and daughter sasha vacationing in spain. malia is at camp and i guess they