good afternoon. we begin with developing news from san jose. the u.s. coast guard and state wildlife officials are investigating a barge that is threatening to leak oil into the marina. you re looking at live pictures from newschopper 2 right now over the scene. a kayaker called the fire department to report a sheen on the water. the department tells us it appears to be an old navy boat that flipped over when the tide went out. the california department of fish and game says the barge is not leaking fuel yet, but it s concerned that it will when the tide comes in. of course, we ll stay on top of this developing news and bring you any updates as we get them from san jose. also we re learning new information on a deadly officer- involved shooting in oakland that killed two people. the shootings happened last night on kern avenue near i- 580. tara has learned the police chief met with the officers in the last hour and she s also got new information from neighbors. tara. repo
of a characteristic you have not only a due process violation but an equal protection violation and ultimately that s the decision i like to see this court issue. reporter: today s hearing came after a federal judge ruled prop 8 the 2008 ballot measure that banned same sex marriage was unconstitutional. when voters approved the ban same sex weddings came to a halt even though 18,000 same sex couples were already legally married. discrimination hurts everyone and discrimination against gays and lesbians hurts everyone in this country. the constitutional question is not whether people are harmed but whether people made a rationale decision. reporter: the other major question facing the panel is whether the same sex marriage site has legal standing to appeal. more on that at 6:00. a ruling on today s hearing could be months away. the losing side is expected to appeal either to the full ninth circuit or the u.s. supreme court. reporting live in san francisco, rob roth, kt