we're showing you the live scene happening now in the castro in san francisco. there is a party about to get started in just minutes here. we have watched this crowd grow from just dozens about a half an hour ago. it has grown significantly. thousands of people are expected in the castro tonight marking the supreme court's ruling on proposition 8. the supreme court's decision came down about 10 hours ago. there have been celebrations all around the bay area, especially by those who saw proposition 8 as a threat to equal rights. >> nusom first allowed gay marriage when he was mayor back in 2004. he joins us live from sacramento. did it go far enough? this only affects california, doesn't irrelevant? >> they did not make a decision on the merits. think back to 1967 and the loving versus virginia case. that had national implications. that was the case that ultimately righted the wrong of the denial of interracial marriage. we'll have to be back in front of the supreme court. let's not diminish the twin ruling -- doma and righting the wrong of proposition 8. >> i know you made a point of coming to san francisco to hear and celebrate the announcement this morning. what was that like for you? >> i haven't been back many times period. to go back with all the anxiety between the doma decision and waiting for that prop 8 decision and to see the faces of so many people whose lives were elevated and affirmed, not just members of the lgbt community, not just members of the gay communities, but their allies, their brothers, sisters, aunts, uncles, fathers, sons was a remarkable thing. >> where do we go from here in we still have about 25-30 days before same-sex marriages can resume in california. will that take place without a challenge? what do you think will happen in the next month or so? >> based on any history, none of this is easy. we've been on a journey and journeys are messy. i imagine the next few weeks will see subsequent litigation. some of the issues that pun dents have brought up on whether this impacts two counties, alameda -- i believe every objective legal observer agrees. that said, it will be a lot of work ahead of us in the next number of weeks. we hope that stay will be lifted in the 9th circuit court of appeals. that amazing decision of judge walker that set the tone at the supreme court ultimately will stand and it's a testament to the extraordinary work of so many advocates for so many decades that have been on the front lines and all the remarkable work that was done in court, dennis herrara and others. >> thank you for joining us. >> the fight for same-sex marriage was a ballot at the ballot box, courts, and at the state capitol. gay and lesbian lawmakers praised today's ruling but one key prop 8 supporter had some choice words on the decision. >> reporter: there was not capitol rally, just a handful of backers showing their displeasure. >> you are seeing tyranny, not democracy. >> reporter: he has long been a supporter of prop 8. his organization filed a brief with the supreme court which he now calls an illegitimate body. >> the supreme court has ignored an attack upon the constitution of california and the constitution of the united states of america. >> reporter: he con seeds prop 8 has been defeated which many lawmakers agree with and celebrate. >> today is a tremendous victory not just for the lgbt community and not for the large and growing number of americans who have embraced us, but it's a clear victory for justice itself. >> reporter: members of the legislative caucus praise same- sex marriage as the law of the land in california. as an assemblyman in 2005, he offered the first same-sex marriage bill. >> i think governor scwarzennegger will be remembered as the guy saying same-sex couples, go away, your love is not welcome in this state. >> reporter: there are supporters of proposition 8 who have said this fight will go on. the senator says any attempt to continue the fight on prop 8 will fail. randy tomlinson said of prop 8, of the fight, that basically it is done, he said. >> governor jerry brown issued a statement saying after years of struggle, the u.s. supreme court has made same-sex marriage a reality in california. brown said he has ordered county clerks to issue marriage licenses as soon as the 9th circuit confirms the stay is lifted. ed lee was there anxiously awaiting the announcement from the court. >> it's been a long road, many years, but gosh it feels good to have love triumph over ignorance. >> he said today is a historic day for all of us. >> oakland mayor celebrated today's ruling on proposition. >> this is truly a joyful day in the nation and particularly in this city. the city has stood up for progressive ideas and fought for civil rights at every point. >> among them, the city's communication director who appeared with her wife and young son. they were married five years ago. >> we want to show you a live picture from west hollywood. it's the castro of southern california, large gay community in that part of southern california. dozens of people gathered in the streets with the rainbow flags and media also covering the event there. this ruling effects the entire state of california and it is being celebrated at both ends of the state. how today's ruling on the defense of marriage act is is going to have a significant change to military benefits. a nationwide sweep on designer drugs. the california community they targeted. what close friends are saying about nelson mandella's condition. you're on timeout leo! ♪ ♪ some things won't last 25 years. ah! woof. some things will. save up to 20% on an ikea kitchen. make a wish! i wish we could lie here forever. i wish this test drive was over, so we could head back to the dealership. 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[ laughter ] [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible. with u-verse high speed internet. you're o♪ ♪meout leo! some things won't last 25 years. ah! woof. some things will. save up to 20% on an ikea kitchen. we know the identity of a driver killed on interstate 880 in freemont. identified by the coroner's bureau. his suv crashed into the big rig right around 5:00 a.m. a preliminary investigation determined he made an unsafe lane change in front of the big rig. nelson mandella may be near death. the family is still hoping for the best but preparing for the worst. outside his hospital, children and adults are praying and sending their best wishes for the nation's first black president. mandella is 94 and he's been in declining health for several years. biggest crack down ever on designer drugs. fanned out across 35 states in 49 cities to serve 150 arrest warrants and hundreds of search warrants. they were after people who make and sell synthetic drugs like k- 2, spice, and bath salts and other drugs that mimic the effects of lsd and meth. 75 arrests and more than $15 million in confiscated cash and other assets. today's sweep in california focused on fresno and bakersfield. the changes that are coming to the military. >> after the supreme court's decision, the president picked up the phone. who he called and what he said. after the break, we're talking about a warm up around here, fog clearing from the coast. that means things are heating up. i'll have the details. another live picture of san francisco's castro district. hundreds of people now gathering at the intersection of market and castro streets to celebrate the supreme court's decision today on doma, don't ask, don't tell. the defense of marriage act, actually, and proposition 8 which will make it legal for same-sex couples to marry in california. we expect that to happen in about 30 days or so, but the party will continue all night long. a veteran of the gay rights movement is celebrating today's supreme court decision. retired navy commander successfully fought the don't ask don't tell policy. >> we are joined live in san francisco. commander, you came out back in 1993. did you ever think you would hear the news the supreme court issued today? >> i really didn't. i liken gay marriage to a cat toy. they give it to us and take it away. it feels like we have some finality. like once and for all, the highest court has deemed us equal citizens with our strait colleagues. it's an amazing feeling. >> you were in the navy at a time when gay personnel were not treated the same as strait military personnel. one thing that's interesting, this weekend the military will be setting up recruiting booths trying to recruit gay americans to join the military service. >> it is a new day. ever since the repeal of don't ask, don't tell, the department of defense has embraced their lgbt services. >> we know the nation is watching what's about to happen there where you are tonight. is there a message you would like to send about what california is feeling tonight? >> well, california is elated. we are now one of the handful of states that allow gay marriage or same-sex marriage. we still have 37 states across the country and those of us who have achieved this, the 13-14 states that have it legal, we need to work to help the other 37 states. we fought the good fight and won. we're going to enjoy this evening in the castro. >> as a military veteran, you know people in the service move around a lot. you mentioned the 37 states where it still is not legal. how does that affect same-sex couples in the military who might be in california, legally get married in the next month, and then get stationed in another state where it's not legal to be married? how does that affect their lives in general? >> it created uncertainty. you have a patchwork of different states, different rights. some states recognize marriage in california. one of the most significant things is the federal benefits aspect. my wife will be eligible to receive my military pension. she is a federal government employee. i am now eligible to get benefits under her plan. there is tremendous financial equity that was involved with this ruling today and all military members will benefit from that. she'll have the similar privileges to go with me on a military flight, everything a strait military spouse would have. >> thank you for joining us. the secretary of defense says it could only be a matter of a movant today's ruling -- they could have access to housing, medical care as hetero sexual spouses. there are 18,000 same-sex partners in the military. >> senator barbara boxer commented on the supreme court's decision on doma and prop 8. the supreme court reaffirmed the promise of america. boxer was one of the 14 senators who originally voted against doma before it was signed into law in 1996. feinstein says as author of the bill to repeal the bill, i am thrilled by today's supreme court decision. back now to bay area weather. today we're feeling the changes. let's check in with bill martin for what could be next. >> the humidity gone from this morning. it was really noticeable, right? >> yep. >> some of the overnight lows in the warm spots, overnight lows were in the 60s and it was humid. it's going to be warmer out there tomorrow. these were the highs from today. 86 in antioch, 87 in fairfield. forecast hies will be warmer. there's fog at the coast. fso has a 17-mile an hour west wind. we don't anticipate a red flag warning because we're not expecting big winds. it's building north. right along the coast i suspect we'll see what we've been seeing which is very dense coastal fog the next couple of days. warmer to hot inland. 70s and 80s as you move across the berkley hills. as we head into friday, warmer still. major warm up. it's going out this way. a lot of times they build in here and go offshore. in this case, it's heat pushing in from the desert. you get your big heat in the central valley and we'll be somewhere between 60-100. 90s tomorrow. here's your weekend. the real heat is down there in bakersfield. see the red showing up in the central portion of the state in the big valley? 94 tomorrow one of the warm spots. forecast highs tomorrow warmer than today. air quality gets a bit of a hit on a pattern like this. overall, just a warmer day for your thursday. fog should be right along the coast. i think it lingers there. even though you get some breaks and you're seeing breaks out there now. you get sun and fog, it's going to be like that the next couple of days. the five-day forecast breaks down like this. no rain in the forecast. interesting thing about that rain, the rain totals were kind of all over the place. north bay, san rafel, some of those areas got an inch and a half, two inches of rain. that's a winter storm. in san jose, a couple hundreds of an inch. you'll notice the heat tomorrow. let's go back in the news room with more on what we're working on news for 6:00 o'clock. >> it's the only county in the bay area that voted yes on prop 8. what voters there are saying now following the supreme court decision. >> he created adam and eve. he didn't create steven anderson adam. bart workers work closer to a strike. how much the average employee receives and what workers are demanding. 0!ockñ?çóxo?ñ=çñññçvxqx?ñññ?óioy after the proposition 8 ruling was issued by the u.s. supreme court, president obama called the two same-sex couples who sued to overturn the marriage ban and congratulated them on their victory. and called edie windsor and can congratulated her. he said this was discrimination enshrined in law. it treated loving, committed gay and lesbian couples a z a separate and lesser class of people. the supreme court has righted that wrong and our country is better off for it. the decision had its roots in the court of judge von walker. we spoke exclusively with walker. he overturned proposition 8. during the trial, he told prop 8 defenders they might not have standing to appeal his ruling. today the u.s. sue people court agreed. walker also told us he believes marriage should be more than a civil union. >> marriage is a term that has a great deal of significance in our society and in our laws. there isn't a reason to treat some kind of marriages as a second-class marriage. >> walker said he was not at all surprised that the prop 8 case went all the way to the supreme court. a reminder at 6:30 tonight, we'll go in depth on the justices affirming and dissenting opinions, plus the rallies planned throughout the bay area tonight. cheers this morning at san francisco city hall punctuate the historic importance of the ruling clearing the way for same-sex couples to get married in california. >> our grandmas will be able to see us get married. this is amazing. >> emotions were high as couples rejoiced at the news they will be able to walk down the aisle. >> will you marry me? >> yes. >> not everyone was celebrating. some expressed disappointment calling it a blow to democracy. >> the people have spoken and defied what is marriage. good evening. >> a row of rainbow colored flags flying today outside san francisco city hall. it was there 9 years ago the battle over same-sex marriage began. in will just one month, thousands of same-sex marriages took place at city hall until the state supreme court halted the ceremonies which is followed by proposition 8. and tonight, city hall is preparing once again to open its doors to gay couples wanting to tie the knot. >> here's a live look now at san jose city hall where a rally is just getting under way in celebration of today's ruleings. >> the biggest celebration is happening tonight in san francisco's castro district. a rally is is set to begin in about 30 minutes. as you can see, people have already started to arrive. it has been a jubilation day throughout the city as couples celebrate the decision on prop 8. and in the castro, that party is just getting started. mike is there with what people are saying tonight. mike? >> reporter: celebrating freedom and equality, that is what they're saying. i'll tell you what, a hot wednesday about to get even hotter as that decision-day party set to kick off in 30 minutes or so. the barricades are up, the music's pumping, the flags are waving as the crowd of thousands spilling on to castro between 19th and market. what a day of celebration it already has been. hundreds of hugs and thousands of smiles. san francisco's castro district. >> it's a good day, right? i put on my hunting clothes. [ laughter ] >> reporter: the wedding gowns are out. the community pride standing tall. >> i got weepy this morning when i saw it on television. you can't help it. >> reporter: inside it's all about coil