case, prop 8 proponents, couldn't, either. argument number 2, proponents also point to harm resulting from a cloud of uncertainty surrounding the validity of those marriages if later on walker's ruling is overturned. but then walker pointed out, proponents have not alleged have been seeking to wed a same- sex spouse so why are they complaining? for now, the ball is in the court of the ninth court of appeals. >> simon, while were you outside the courthouse, don knapp was inside where couples tried to tie the knot but it didn't happen. what was the reaction? >> reporter: city hall was braced for an onslaught of same- sex marriages today. they had everybody in place to do it and same-sex couples ready to get married but it didn't happen that way. here's how it happened.

reporter: all morning long, they waited nervously at city hall for a ruling they hoped would give them a break. finally at 12:30, word filtered down. [ applause and cheers ] >> reporter: after a wild cheer the race was on into city hall and into line for a license to wed. at the head of the line to be married were roger and ron. >> it's really important because it shows that our relationships are as valid as anyone's. >> reporter: this couple expressed without speaking how important marriage is to them. >> happy. >> i'm speechless. >> it seals the deal. that's what we're waiting for. >> reporter: vanessa and marie held a marriage ceremony without a license on sunday. cbs 5 was there. today they came to city hall to make their marriage legal. >> it was a joyous celebration and this is just the continuationof the celebration. >> reporter: the joy turned out to be a bit premature.

>> the good news is, the stay is lifted. the bad news is the judge is the stay is it lifted next wednesday. >> oh!! >> so we have to wait a week. sorry, everybody. >> reporter: but a marriage delayed is a marriage denied. the disappointment was too much for kristin. >> it's just this dream that's just a little bit out of reach. and for a moment, i felt like i was equal. i felt like a real american. [ crying ] >> it's just this roadblock that's there that's so frustrating. >> reporter: on the other side of that emotional issue are the people who campaigned for and essentially won a vote of the people for prop 8. it was overturned by the court. they expressed their views here today. >> sad day for californians, sad day for families, sad day for our future. sad day for the voters that 7 million of them voted on this constitutional amendment to support prop 8 and one unelected judge just trampled their civil rights. >> because the judge is a is

a homosexual so he couldn't rule any way. it was just a theatrical production. >> reporter: the folks here at city hall say they are ready to deliver up to 150 weddings a day once the floodgates open. >> they are marking august 18 for sure. don knapp, thank you, and simon perez. right now the only u.s. state where same-sex couples are allowed to get married are massachusetts, iowa, connecticut, vermont, new hampshire and washington, d.c. you can download the judge's ruling at cbs5.com. there you will also find raw video of reaction directly after the decision. as we move closer to the november election, democrats are losing ground. we have exclusive eyewitness news polls showing republicans gaining in several big races particularly in the race for senate. is barbara boxer worried? len ramirez asked her that very

question today. reporter: senator barbara boxer signed her name to a steel girder at a topping out ceremony for a new mental health wing at the va hospital in palo alto. but while her signature went up, our exclusive eyewitness news poll found her numbers were dropping. >> let's face facts. this is a tough race. these are tougher races all over the country. >> reporter: after running neck and neck through most of the summer, republican carly fiorina has now open u a five- point lead. 47% to 42%. while fiorina's numbers are flat from the same survey a month ago, boxer's numbers dropped 3 points. the poll showed her support is slipping among men, younger voters and independents. but boxer denied her campaign is fading. >> our campaign is extremely energized. we have almost 100,000 donors. we're very excited. and people will know what the choice is. >> reporter: but you feel you have to go more on the attack? >> i just have to tell truth and it probably feels to her like an attack. >> reporter: at the same time, fiorina sounded confident while campaigning at a hispanic

chamber of commerce event in los angeles. >> certainly was encouraged by that poll and others, and i think what those polls demonstrate is that people are really paying attention and they have figured out that barbara boxer's policies aren't working. she has had 28 years to serve the people of california, and it isn't working so well. >> reporter: boxer said things didn't go so well for fiorina at her last job, either. >> she was fired as the head of hp. she shipped 30,000 jobs overseas. people don't know this yet. >> reporter: after leaving palo alto, barbara boxer met with the editorial board. "san jose mercury news" telling them that the reason she thinks she is taking a hit is because voters are grumpy about the continuing sagging economy. juliette it could be that as the economy goes, so goes the campaign of barbara boxer. >> len ramirez in san jose, thank you. our poll found the race for governor in a statistical dead heat. 44% of californians support republican meg whitman.

43% support democrat jerry brown. 6% run decided. and lieutenant governor maldonado is in a tight race to keep his job. 42% of registered voters say they support him. 43% say they would vote for san francisco mayor gavin newsom. 7% still undecided. headlines around the bay area now, investigators in the east bay say they are sure that the same man attacked three women at an apartment complex. today contra costa county sheriffs release a new sketch of him described as 6'2", 200 pounds. sheriffs say on tuesday get to inside a woman's locked apartment -- on tuesday he got inside a woman's locked apartment at the regencicy apartments. he got away. investigators say the same man raped a woman there last month and assaulted another one in june. muni is cracking down on fare cheats increasing patrols on buses. teams of four to five inspectors along with a police

officer will circulate various lines. fare evaders could face fines up to $75 in. muni suspended the program back in may after immigrant rights advocates complained some riders mistook the patrols for immigration agents. but the agency says it's since addressed that issue with agent training and public education campaigns. bart has found more money. $4million left over from last year's budget. that's on top of a $4.5 million the state handed out unexpectedly in june for transit assistance. that leaves bart with an extra $8.5 million. the bart board will figure out what to do with the money in a couple of weeks. uc-berkeley is backing off plans to test incoming students' dna. the program bring your genes to cal called for incoming students to voluntarily and anonymously submit saliva samples. the samples would be tested to find genes that affect how the body metabolizes milk, alcohol

and folic acid. about 700 of the 5,000 students have already sent in samples. the school now will use the data purely as a research project. they still have their jobs, but they aren't happy about it. what has some employees in the bay area marching out of work. and rely on your debit card more than cash? the change that could make some purchases less expensive. also, bogus claims by ben & jerry's. why one group says the company is misleading its customers. [ male announcer ] when meg whitman arrived at ebay,

they had 30 people and an idea. meg's job was to make it happen. it took leadership. focus. and the ability to bring people together. meg whitman delivered. named one of america's best ceo's by harvard business review, she grew ebay 15,000 strong and made small business dreams come true. now meg has a plan to create jobs. fix sacramento. and deliver results. meg whitman. for a new california.

california is one step closer to banning fees on debit card purchases. they passed a bill is that would prevent them from charging customers to use debit cards, from 40 cents to a dollar. they are most often found at gas stations and convenience stores. the measure now goes to governor schwarzenegger. employees at bev mow say shorter hours and slashed benefits are pretty tough to swallow in this tough economy. the workers say they are ready to fight back but sherry hu says the company claims it's getting a bad rap.

reporter: some workers with the popular superstore wine retailer aren't content. they still have jobs at bevmo but 45-year-old katherine cordero says she has been cut from full time to part time with no more health benefits. >> it's a struggle. how can someone live off 20 hours? my home is in foreclosure. it's been really hard. >> last night we know that management held a meeting. and in that meeting, they said that this was just something temporary. for the folks behind me, no that it's not temporary. >> reporter: so now there's a calm to unionize. as today's rally in oakland was organized by the united food and commercial workers union and the teamsters. but bevmo argues the union is inaccurate and misleading. the company says it has over 500 full-time employees eligible for healthcare and 401(k) plans in stores

throughout california and arizona. and i'm told a little more than 160 people, about 10% of all workers, had their hours reduced as of this month. and they are being offered healthcare benefits through january of next year. still, the majority of all bevmo workers are part time, apparently not that unusual for a retailer. the union says the shift to downsize with part-timers has been going on from the '70s but picks up speed when the economy slows down. >> it's been a constant move by business to recost and benefit costs to kick people off plans and it has spiked as the economy has gotten worse, employers becoming more brazen in their attack on workers. >> reporter: yeah, should the workers vote to unionize, the whole process could take weeks, even months. juliette, just a little bit of background on bemo. it opened in 1994 with six stores here in the bay area. now it's 100 stores in two states. >> thank you, sherry hu.

update your status. post a few pictures. and now book a flight. delta airlines says it has opened up a virtual ticket window on facebook. the company says it is the first to allow users to buy plane tickets without leaving the popular social networking site. delta says it's working on ways to make it easier for a group of friends to coordinate their travel together. all via facebook. they can cost as much as $3. but are those bottled waters really worth it? what's inside may actually change your mind. then how a woman's monthly cycle could affect cholesterol. oh, you caught me. i'm still working on your weekend forecast. but i tell you what i'll give you a great clue. it's going to look something like that! your pinpoint neighborhood forecast as eyewitness news continues right here on cbs 5. ,,,,,,,,,,,,,,,,

the brand is its homemade natural flavors. but today a food science group revealed that 48 of its 53 ice cream and yogurt flavors aren a surprising revelation about ben & jerry. a food science group revealed that 48 of its 53 ice cream and yogurt flavors aren't so natural as advertised. the centers for science in the public interest is urging them to drop the au natural label. two flavors chubby hubby and dublin mud slide contain ingredients that have been chemically modified such as alkalized cocoa and corn syrup. >> i'm not surprised and i'm not sure that that is usually problematic for me. i wasn't functioning under the assumption that everything was natural and organic in ben & jerry's. >> they haven't returned our call for comment. the fda doesn't have a formal definition of the word "natural." the fda refers to natural ingredients as nothing artificial or synthetic. and consider this.

the next time you buy a bottle of water, 48% of all bottled water sold in the u.s. is filtered tap water. that's up from about 33% a decade ago. the group food and water watch says dasani and aquafina as well as n est lee are companies that do that. >> residents are getting water in a large facility and just filtering it. >> authors of the report say bottlers are increasingly turning to municipal water supplies because it's cheaper. they also say bottlers are having a harder time getting access to spring water because of community and government opposition. all right. talk about ice cream and water.

let talk about the weather. >> people are happy. i haven't heard one complaint today. >> never. >> yesterday we were a good 20 degrees below average and we hadn't realized our average high temperatures here since the 4th of july. today rerebounded with an area of high pressure building in and strengthening. the end result in san jose temperatures soared by 10 degrees. currently, air temperatures still in the mid-70s. now, you saw that abundance of sunshine. this is what our microclimates are all about. the golden gate bridge, air temperatures 62, northwest wind at 16 miles per hour adds a chill in the air. and that's all due to the very deep marine layer that has been the story all summer long. right now you can see it hanging very tight to the coast. now, it is beginning to try to slip under the golden gate bridge. you saw that visible by our live cbs 5 weather camera. so what you can bank on now out the door san ramon 84. 70s for the south in saratoga. 60s in san francisco.

bottom line is you still require a jacket out for the evening plans along the coast into the bay. fair skies inland and currently in the 80s. now, again, typically this time of the year, we should be well into the 80s, this is what we did experience over the past few days where we were 18 degrees below normal yesterday. as high pressure builds in it mixed out the marine layer sooner today so the end result was that we did rebound by 15 degrees. nice recovery. the story has been an upper level area of low pressure hanging very tight to the coast. really basking over the western states. and usually we have this upstream to kick it out but it hasn't been moving. tomorrow, it will. that will end result in 95 degrees in fresno. oh, my bad. that should be a 90 right there in sacramento. 74 on the south shore. lots of people heading to the high sierra, you can anticipate temperatures easily into the 70s. meanwhile looks like tonight overnight number-wise 53 in

livermore to 57 degrees in mountain view. the winds are beginning to dial back nicely out of the west five to ten miles per hour. official sun-up tomorrow morning at 6:08:00. and with it you will notice temperatures during the afternoon in the 50s, 60s, beaches, low mid-80s inland. going with an outside number of 87 degrees. and as we look ahead towards saturday in san jose for the jazz festival, 80 degrees. warmer on sunday for the weekend coming up. meanwhile, perhaps you have other plans? this is a big event. in fact, our sister station live 105 is proud to present outside lands music fest into the 60s. might want to make sure you have a light jacket for that. here you have it. the cbs 5- and 7-day forecast extended outlook calls for summertime finally returning right here to the bay area on the tail end of the weekend, especially into the beginning portion of next week. so maybe your weekend plans have you heading to yosemite? mr. phillip meadows, thank you very much for that wonderful,

wonderful photograph. >> wow. >> keep the pictures coming right here to cbs5.com/connect. >> is it me? i don't recall when we have been in our triple digits in the tri-valley? >> it was close to june 27th. it was a sunday. [ laughter ] >> the exact time was? >> 2:00 in the afternoon we were heading poolside. we'll be right back. ,,,,,,,,,,,,,,,,,,

pandemic over, now there's a new concern that has scientists worried. just as health leaders

declare the swine flu pandemic over now there is a new concern that has scientists worried. british researchers say they found a new gene that allows any bacteria to become a superbug and it's highly resistant to almost all drugs. it's been found in more than three dozen people who returned to the uk after undergoing surgery in india or pakistan. >> an infection caused by this bacteria becomes harder to treat. >> the gene has been detected in australia, canada, u.s., netherlands and sweden. researchers fear international travel could help the bug spread around the world quickly. for women, there is something new to consider when having your cholesterol checked. it's your monthly cycle. dr. kim is here to explain why. >> reporter: there is an ebb and flow to everything, including cholesterol levels. scientists now say that total cholesterol levels can vary as much as 20% during a woman's

cycle. reporter: when it comes to women and cholesterol levels, the time of the month matters, according to new research from the national institutes of health. researchers tracked estrogen and cholesterol levels among some 260 healthy women between age 18 and 44. they found women's total cholesterol levels rise as estrogen levels increase prior to ovulation and then drop rapidly after ovulation occurs. ucsf cardiologist dr. rita redberg says it fits with what her patients have been saying, things change during the cycle. >> women with coronary disease will tell me they get angina just before ovulation or different times in their cycle and there haven't been a lot of research so i think it's really interesting that they have documented that your cholesterol levels change according to your menstrual cycle. >> reporter: while she does not recommend cholesterol screening under age 45, she does think for some it may be time to time testing. >> why not use the data from this study and say, in the

women between 45 and 50, because most women will go through menopause around 50 or so, that's a group you want to pay attention to them and still cycle and not check cholesterol right before ovulation or know that that's going to be your highest level because they found increases up to 20%, which is pretty big. >> reporter: testing at the end of a woman's cycle when cholesterol levels are naturally low might be the best approach. dr. kim mulvihill, cbs 5 healthwatch. it's quickly becoming the world's murder capital and it's right next door. we'll take you to the heart of the escalating violence in mexico. so that story and more tonight only on the cbs evening news. [ male announcer ] when meg whitman arrived at ebay,

they had 30 people and an idea. meg's job was to make it happen. it took leadership. focus. and the ability to bring people together. meg whitman delivered. named one of america's best ceo's by harvard business review, she grew ebay 15,000 strong and made small business dreams come true. now meg has a plan to create jobs. fix sacramento. and deliver results. meg whitman. for a new california. public pensi i'm dana king. here's what we're working on for eyewitness news at 6:00. public pensions, they are

draining the budget. why some say a new proposal meant to curb the problem could actually make things worse. and meet max. he is a dog that has gone through an awful lot in his life, and now he needs a new home. so we are going to have that story and much more tonight at 6:00, juliette. >> thank you. for years she entertained fans with her frustration especially during the swimsuit season. now cathy has one more thing though complain about. she is leaving. the longest running comic strip is coming to an end. the creator wants to spend more time with her family. for over 30 years, cathy was best known for her frequent meltdowns over family and work and her love for chocolate. the comic's last day will be october 3. ro, i'm reading that line again. best known for her frequent meltdowns over family, work and her love for chocolate. doesn't that sound like a lot of women in america? >> i guess i should leave the house! >> we have soch