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lesbian couple who are the plaintiffs in this case. they have arrived as well, waiting in the nation's capital at the u.s. supreme court. >> we will have team coverage from our abc7 news crews in the bay area where there is a great deal of anticipation. now, you see them there, waiting. cornell and katie and mark. good morning to all of you. let's though first review the possible rulings the supreme court could issue today. >> all right. first, proposition 8, of course. california's same-sex marriage ban. if the justices decide to uphold prop 8, then the state constitutional amendment approved by voters in 2008 will stand. and you'll recall prop 8 declared only marriage between a man and a woman is valid or recognized in california. >> the justices could ambassador overturn proposition 8. it would clear the way for same-sex couples to legally marry in california. the court could also rule backers of prop 8 never had the legal right or legal standing to defend the law. you'll recall back in 2010 then governor arnold schwarzenegger and attorney general jerry brown refused to defend the prop 8. if the no standing ruling is issu issued, we would revert back to the 2010 ninth circuit court of appeals ruling which said proposition 8 was unconstitutional. >> okay. in the meantime, doma, the defense of marriage act, that opinion is coming down momentarily. we'll focus on this. we do have it. that is a 5-4 decision per justice kennedy. for details, stay with us. we'll following the scotus blog live right now. they could either be upholding in this 5-4, justice roberts dissent, scalia dissent, equal protection. won't try to digest that. this was a law passed by congress in 2006. it was strip federal marriage benefits from same-sex couples and requires interstate marriage recognition to only opposite-sex marriages in the u.s. >> now, we understand the ruling is 5-4. what we don't understand quite yet 5-4 in which direction. as soon as we find that out, we'll have interpretation from a usf law professor who's joined us this morning to figure all this out. she focuses and specializes on constitutional law, poverty law, and sexuality law. >> she's received numerous teacher of the year awards including the 2012 distinguished professor award at usf. what the situation is can gay married couples in states that recognize that get federal benefits that are afforded to heterosexual married couples. >> sorry to jump in, but we are hearing that doma has been ruled unconstitutional as a deprivation of equal liberty of persons protected by -- it says the fifth amendment. i understand this was a 14th amendment question as well. equal protection under the law. what are your thoughts now? >> well, this -- obviously we haven't seen the ruling yet, but the fifth amendment is the amendment that applies to the federal government. and the 14th amendment is the amendment that applies to the states. so it's appropriate that this would be a fifth amendment decision, but this is very, very major news for doma to be struck down as a deprivation of the fifth amendment means that the individual rights have been violated. again, we're waiting for the actual ruling here, but some of the conservatives on the court are dissenting. it looks as if justice kennedy has authored the opinion as many of us did predict. and we're just looking for a quote here. >> we have one. doma singles out a class of persons deemed by a state entitled of recognition and protection to enhance their own liberty. if you could decode that for us, please. >> yes. actually, it's singling out a class of persons, that ruling would be very much like the ruling that came out of the colorado case back in 1996. justice kennedy also wrote that opinion. and what he said in colorado when the state denied gays any protection from discrimination is that that law was targeting a class of people and denying them rights, and that's something that the constitution does not allow. now justice kennedy is doing the same thing here it looks like in the doma decision, following very much his reasoning in that prior precedent. keep in mind, that gives him some coverage because he can say i'm not changing the law, i'm not expanding the law, i'm simply -- i'm simply following the precedent i had previously set that says that the government cannot target a group of people to take away any particular rights. >> okay. now, they're saying that the opinion is confined to those lawful marriages. so it would apply only to californian, i suppose, if prop 8, the same-sex marriage ban, is gone. right? because then if you could legally marry here and then the federal government would have to accord those rights to gay couples in california? >> right. presumably. again, with the very limited information that we have thus far, if -- what justice kennedy would be saying is if a state allowed same-sex couples to marry, and in california about 18,000 same-sex couples did marry in 2008, then for the federal government to target those marriages to deny their rights would be unconstitutional. >> what are some of those ben fills for our viewers' clarification? >> there are over 1,000 federal benefits that turn on the status of marriage. perhaps two of the most important ones are social security benefits, where you can pass those to your spouse, and also your right to file income taxes jointly. in the very case that's being decided now, edith windsor had a partner of 40e6r years that she finally was able to marry, and so when her wife died the federal government came in and said you owe us $363,000 in income taxes that you would not have to pay if you were married to a man. that's exactly what this case is about. so social security, income tax filing, and the right to not have to pay income taxes on what you inherit are two of the biggest, most important. but over 1,138 benefits that the federal government gives out based on marital status. this will affect people who are legally mar rid according to various state laws in a myriad of ways. >> ruling hot off the presses. julie, i'll start to hand some of these to you. hard to digest quickly, but edith windsor you were talking about a very sympathetic figure, isn't she? >> she is. >> 83 years old, snibl. >> yes. and she and her partner i think got together in the early 1960s and had a wonderful marriage once they were finally able to legally get married. when her wife died, she was taxed with this huge tax bill which, of course, is now being struck down by the united states supreme court in a very major ruling this morning. >> and interesting that president obama's administration chose not to defend doma even though it is a federal law in court. >> right. we had that at the federal government and the state government. that's what created these issues. when the obama administration did not defend doma and our state officials did not defend prop 8, it really left this gap, and as you know, some members of the house of representatives jumped in to try to defend doma. but it looks like from the decision here, thank you, that the court is saying that doma seeks to injure the very class that new york seeks to protect. by doing so it violates basic due process and equal protection principles applicable to the federal government. going on to say the constitution's guarantee of equality must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot justify disparate treatment of that group. i have to say, this is a much more powerful ruling than was expected. >> going to hold you up, julie, for one second. we want to bring you this live picture from san francisco city hall. >> where folks are happy with the first part of this. the second part is still looming, the part that affects us most in california, proposition 8, the ban on same-sex marriage. people are waiting at city hall for that ruling to come down. i have, julie, the rest of the decision. thank goodness she's here to weigh through the leaguese. uh-oh. lots of cheering here. so it looks like -- yeah, they're still talking doma. julie, we mentioned the conservative will of the court is the wing that dissented from this decision. that's the wing of the court that usually invokes the federalist prince. s the most, separating federal and state government and their decisions. just based on what we quickly see and hear here, what do you think happened there? >> i actually think just from from that sentence i read a moment ago where the court said that doma seeks to harm the very group that new york state in the doma case sought to protect, it tells you that kennedy very much has in his mind that states should be able to provide rights and that the federal government cannot interfere with that provision of rights. we'll see what happens here on amendment two -- or excuse me proposition 8, which is -- but it's very powerful and important that the doma decision is following the old precedents are about state-designed gay and lesbian rights as well. it seems to suggest good results in prop 8, but we're waiting eagerly to see what happens here. >> you could lose a lot of money betting on the court to rule a certain way. >> right. >> so we can say right now that justice scalia is reading from his dissent right now. the court's opinion both explains the jurisdiction and the decision, quote, both spring from the same diseased root and exalted notion of the role of this court in american democratic society. one of the reasons you see all these people here at city shall mayor ed lee and city attorney dennis herera both expected to speak after the prop 8 ruling is handed down. >> julie, want to check in with you on this. there sis there any way to read the prop 8 decision or the tea leaves judging from the rational behind the doma decision? >> this is a sweeping ruling. justice kennedy decided not to go narrow on doma. he said doma violates the individual rights of same-sex couples who are lawfully married in states. back to the federalism point, he said states have always had the power to define marriage. so he does not like it here and strikes down the federal government's interference with that. but he's also doing that on a powerful individual rights basis. so we have two principles here, federalism combined with individual rights gives us doma. you add that together and prop 8 does not look like it's likely to stand. >> okay, julie. we'll check in with you in a couple minutes on that one. right now we want to check in with cornell bernard. >> live at city hall where there's a lot of action and celebration. cornell? >> a whole bunch of cheering going on here, news that doma, the defense of marriage act, has been struck down. i have never seen so many people packed into the city hall rotunda as i am seeing right now. thunderous applause happening here just a few moments ago. everyone is watching a big screen over here to the right of this city hall stairs. this is the blog for the supreme court. this is where the deskigs will be rendered. of course everyone waiting with bated breath for the decision of prop 8, the voter-imposed ban on same-sex marriage. so many people have been waiting, waiting almost nine years for a decision, and it all comes down to this moment. one person just told me, i don't care what the ruling is, we just want a ruling. we have been waiting long enough. so, again, i would say at least 200 people packed into the city hall rotunda, a lot of people sharing the decision by the supreme court that doma has been struck down. mayor ed lee, as soon as the decision has been reached on proposition 8 will come out and speak to the crowd as will city attorney herrera, who led the fight on the ban against gay marriage in 2004 when he sued the state of california. shortly after then mayor gavin newsom issued marriages to same-sex couples, which of course brought the referendum on proposition 8. again, we are waiting with bated breath. the wait is almost over here. we are expecting a ruling from the supreme court any moment now on the very controversial proposition 8. to say you could cut the tension and the anticipation with a knife might be an understatement here. but we are waiting for word. back to you guys. >> all right. thank you very much, cornell, for that report. 7:14. we're staying on the air as you know, just waiting for proposition 8. normally you'd be watching "good morning america" at this time, but this is a very important decision here in california and across the country. >> prop 8 ruling should be coming down any minute. in the meantime, a little background. supporters say they are on pips and needles about the high court's decision. they say they are expecting the unexpected. >> in the event proposition 8 is struck down, which we certainly hope lit not be, then our mission will turn toward ensuring that rights of conscience for individuals who continue to object to gay marriage will be respected and that gay rights won't displace free speech and freedom of religion. >> the people with the pacific justice institute have been defending traditional marriage for nearly 15 years. they say the issue should not be considered by the courts in a way that radically reinterprets the constitution. san francisco city hall and the tower lit up in colors representing gay pride last night ahead of this morning's historic rulings. entire city waiting for word on the supreme court's decision. want to check in with abc7 news reporter katie marrzullo, who's live waiting for this and watching it for years. >> reporter: eric, there's a small group kind of gathered right here at castro and market. you can see everyone glued to their phone, watching for these decisions to come down, and when the decision on doma did come down of course there was a cheer, a loud whooo from the group, but that of course is only half of what is going on here this morning. i want to introduce gary mccoy. he lives here in castro. he is part of this group that has been waiting and watching. gary, thank you for talking with us. let me ask you first, what went through your head and your heart when you heard that doma was being struck down? >> hearing about doma being struck down kind of -- it made me even more excited. i'm hopeful because of the way they ruled with doma that they'll rule either the same way or say there's no standing for prop 8. so, that's my hope at this point. i'm so excited, i'm shaking. this is awesome. you know, with prop 8 i'm really hoping they rule in our favor, and by that i mean me as a gay person because we're lucky in the castro to have support and be able to walk around and hold hands, but there are so many people that because of prop 8 feel less than able to. >> gary, thank you. we'll let you get back the group. i know it feels good to be with your friends as you guys await this decision. of course we're standing by with them, a smallish group in the castro, market and castro under the large rainbow flag that hangs here pap lot of people we know also have gone to city hall to wait for the decisions to come down there. live in the castro, katie marrzullo, abc7 news. >> katie, before you, go even if the ruling is in their favor, it's going to take at least 25 days, most likely, before [ inaudible ]. are preparations being made already in anticipation, the excitement, what people are doing? >> reporter: i talked with one couple earlier this morning that were holding hands and i said you guys are together, obviously. are you married, and the one man said he did actually get married in 2004 when gavin newsom first made it legal, but in that case, his husband had passed away. but he's met somebody new. they didn't want to disclose their future marriage plans to ne me at this point. but that's a question we'll be asking as soon as we hear what the ruling is on prop 8. >> it will berkeley lesbian couple in the same situation with the couple you were talking to. a lot of people eagerly waiting to see if this time they can get a ruling. >> supporters are planning rallies throughout the bay area tonight regardless of what the supreme court decides. >> and the big one, of course, in san francisco at kas row and market streets at 6:30 in the area where katie is. in oakland, a celebration is planned for 5:30 at 19th and telegraph. in san jose, a rally is planned at city hall at 6:00. >> in concord, a champagne celebration will be held at the rainbow community center on willow pass road at 6:30. there are other events planned for. this is a lengthy list of cities so keep that in mind. mountain view, redwood city, santa cruz, fairfield, heelsburg, and gurenville. those are the ones that are planning rallies regardless of the decision. >> all right. back to city hall now where our reporter carolyn tyler is this morning. carolyn, of course city attorney dennis herrera there discussing prop 8 and ready to hold a news conference. >> reporter: he is ready to hold a news conference but not quite yet till he know what is that prop 8 ruling is. let me show you from the second floor the shot of everyone who is filling the rotunda. they are watching the big screen tvs, waiting to see what the decision is going to be on prop 8. as far as doma is concerned, let me tell you this. there were 18,000 couples in california who legally wed during the time between when the california supreme court said it would be unconstitutional to not allow them to get married and when the voters passed prop 8 in november 2008. so those are legally wed couples in california who will now be covered by doma being withdrawn by the u.s. supreme court saying doma is no longer in effect and that now the these same-sex couples can enjoy the same federal benefits, more than 1,000 federal benefits, that heterosexual couples enjoy. back at city hall, there were cheers for that, but of course now there is high anxiety and high hopes as people are waiting to see what happens with proposition 8. it's very fitting that we're here at san francisco city hall, because as you know this is where it all began nine years ago. and i was here on that day, february 12th, 2004, when then mayor gavin newsom decided to enter the legal fray by having a civil act of disobedience. he was defying federal and state law. he told the county clerk on that day to issue marriage licenses to anyone who wanted them regardless of their sexual ro orientation and that's what opened the floodgates to all the legal and political wrangling that has brought us to this day when we're waiting now for the u.s. supreme court to make its landmark decision in this prop 8 case. we are waiting for dennis herrera. we'll talk to him to get all the ins and outs of what these decisions today mean. but right now, let me send it back to you. >> carolyn, you literally have been on the story from beginning to end, including going to the supreme court for the oral arguments back in march. your thoughts about this whole chain of events. >> reporter: well, it's really been momentous. it's moved a lot faster. i know for people who have been waiting iffer the last nine year, nine years is a long time, but when you think about the shift and the change, not only in the legal battle but in public opinion, it seems like the ball has been rolling pretty quickly. as i sat in that chamber back in march at the u.s. supreme court, i had an inkling how doma would go, but as far as prop 8, i'm not an academic, an attorney, no way of reading the tea leaves. not sure what they'll do on that. but it was interesting to hear the arguments, for example, justice kennedy saying he wasn't even sure that the u.s. supreme court should have taken up this prop 8 issue. we'll see how the court decides to handle it today. >> carolyn, thank you very much. >> let's check in with mark math use. mark at st. mary's cathedral in san francisco where the archbishop does celebrate mass and has strong opinions. >> yes, he does. the archbishop is in rome this morning, but last march you'll remember when prop 8 was being argued in the supreme court, i spoke with him about legalizing gay marriage and the possibility that that might happen. he said he thought it would have an adverse effect on the church, on families, even on the institution of marriage. >> what i feel would happen is that people would just not be interested in marrying anymore. marriage will become irrelevant. we should not change the definition of marriage in such a way that rewe enshrine in the law of principle that a child does not deserve a mother and a father. >> he's also worried that if prop 8 is struck down, and he was worried that if doma were struck down that the church would be seen as contrary to the law and be seen as a bigoted institution. he felt it could really damage the church and church-run hospitals and organizations. that was a big concern. i'm very eager to talk with him. we're hoping to speak with him by phone. he is in rome. late they are morning, we will get that to you as soon as we can. right now we are waiting for people to show up at the church. there was mass celebrated this morning. we are looking for reaction from catholics to this decision from the supreme court. reporting live from st. mary's ka need yal, mark matthews, ab7 news. >> mark, thank you very much. >> now president obama has been very clear. in fact, he just tweeted this tweet, i have it on my ipad, "doma ruling is a historic step forward for marriage equality #loveislove." he believes same-sex couples should be treated just like straight couples under the law. abc7 news anchor dan ashley spoke to president obama about proposition 8 during a one-on-one interview at the white house back in february. >> you know, i have to make sure that i'm not interjeking myself too much into this process, particularly when we're not a party to the case. i can tell you, obviously, my personal view, which is that i think that same-sex couples should have the same rights and be treated like everybody else. >> two days after dan's interview, the obama administration filed a legal brief urging the supreme court to strike down the federal defense of marriage act, and as we mentioned before, the administration would not defend doma in the high court as well. >> proposition 8 changes california's constitution to read only marriage between a man and a woman is valid or recognized this california. this was a voter-i approved initiative passed in november 2008. again, president obama has just responded saying today's doma ruling is a historic stem forward for marriage equality. >> as we mention, this comes in the wake of americans' attitudes about same-sex marriage changing over the time since prop 8 was passed. an abc news/"washington post" poll released earlier this month finds 57% of americans now support gay marriage. you see the poll on the screen. we saw 34% opposed. this is another screen by the way. do you support federal benefits for same-sex couples? we see here 63% support that, 34% oppose, 3% are unsure. this relates to the doma decision, defense of marriage act, which denied certain federal benefits like social security to same-sex couples. >> all right. right now the supreme court is issuing a ruling on a different case, something related to employment. but right now we want to let you know the battle over same-sex marriage began in earnest in san francisco right here back in february of 2004. that's when then mayor gavin newsom directed the city clerk to issue marriage licenses to same-sex couples in violation of state law. couples immediately converged on city hall for almost a week to get mar rid, but in august that year the california supreme court annulled those marriages, ruling they conflicted with state law that was then in effect. one of those marriages annulled was that of the petitioner, kristen perry and sandy of berkeley. >> a fierce political debate followed for years as you know. in november 2008, proposition 8 went before the voters. a yes vote upheld state law defining marriage as only between a man and a woman. it was a controversial outcome for some people a very surprising outcome pap no vote would have cleared the way for sarnls. the proposition passed with 52% in favor, 47% against. >> it appears we have the ruling coming down right now for prop 8. we have perry, the name of the case. the petitioners did not have standing to appeal the district court order. the lineup is 5-4, kennedy dissents. so the decision of the ninth circuit is vacated and remanhandled. julie, we've got to bring you back into this. wow. >> wow. okay. what a big day. >> what does this all mean? >> if prop 8 -- if the court has ruled, which apparently it has, that there's no standing, then that actually means no party has standing to appeal the decision which would return us not to the ninth circuit opinion but all the way back to the district court ruling. >> judge von walker's ruling. >> lengthy ruling where he in very great detail went into both the equality and liberty claims. and that would be the ruling that should hold sway, then, which would mean that prop 8 would be invalid, but it would be -- there would be no ruling beyond the state of california. so obviously we'll need to see here what they say in the details. >> that would mean same-sex marriage should be able to resume at least just based on this ruling. >> i'm sorry. let me interrupt for a second because it appears the majority in this case surprisingly is robert scalia, ginsburg, breyer and kagan, with kennedy dissenting this time. >> that's very interesting. if you think about it, both the liberal and conservative justice, if neither side thought they could win on the merit, then they might have thought it to their advantage to just simply send the case away on this technicality of no standing, because actually at the end of the day what that means is if you add the two decisions up, doma says that the federal ban is invalid. the prop 8 case says there's no standing and thus prop 8 is invalid. but that means that at the end of the day today states are still allowed to ban same-sex marriage if they want to. so this allows the debate to continue, even though prop 8 would not be in effect in california. >> so would this be the one state ruling then, not the seven-state ruling that was possible? >> it certainly does appear to be that. it should be a california only ruling. again, we're -- we have very little information here, but that's what it looks like. >> go back and correct something. i gave you a lineup of justices. that apparently was in the second district case, the one -- the court strangely gave us the the doma decision, then an unrelated decision, and then prop 8. so what we're getting is the commenters and the people giving us the interpretations are going back and forth without necessarily spelling out exactly which case they're talking about. so as soon as we get the lineup of the prop 8 decision, we will let you know very shortly. in addition to challenging judge von walker's decision on the merits of the constitutionality of his decision, some of the prop 8 supporters also challenge on the fact that she was a gay man in a same-sex partnership who was ruling on this case and that somehow that might make him biased. whatever happened to that? >> that's one of those arguments i think maybe had some political power in conversation. but as a matter of law, that's not something that's taken very seriously. obviously, when we say that no one who is a parent can rule on cases involving parents or no one who is a male or female can rule ruehl on sex discrimination cases. it's -- it was a nonstarter, at least as a matter of law. so, you know, as i mentioned, that was a very leng ty major ruling by judge vaughn walker and it looks like that's the ruling that will be reinstated. >> let's talk about who did not have standing in this case. protect marriage was pushing on that side of it after the state officials, the governors, nobody here in an official capacity wanted to defend prop 8. >> that's right. so the plaintiffs were challenging the state's ban on same-sex marriage. the state was the defendant. we need some elected official who can validly represent the state to actually defend the law and none of those officials chose to do that. now, again, i haven't yet seen the decision, but i will say that standing is a part of our federal constitutional requirement. in order to have a case before the federal courts you have to have a live controversy, which means you have to have two parties who disagree. strangely, in the california case, the plaintiffs and the officials from the state of california agreed so there was no one who disagreed, which meant the ballot niche froif poenlts had to jump in and try to defend the law. the supreme court had another case about an arizona english only case, had said we don't think ballot niche froif poenlts will likely have any standing, so it's not entirely surprising to me that they are deciding this on a standing/no standing basis. >> hot off the presses right now. >> and i can tell you that this was is lineup. judge roberts, by the way, delivered the majority opinion joined by scalia, ginsburg, breier, and kagan. so two of the more conservative members of the court joined three of the more liberal members of the court in vacating the ninth circuit decision. we should take you back out to city hall if we can to hear what's going on there, if they've received -- if they've received decision and that what's going on there. can we talk to cornell bernard there and see what the reaction is? we'll check in with our reporters. it's not clear whether or not the decision has actually reached them. but you should know from the cheering momentarily when it does. >> it has not reached them yet. >> okay, carolyn. >> key point here that's being made is to come back to the question of the people who were trying to appeal this, those who support prop 8, the court here is saying they are not agents of the state. they cannot stand in the shoes of the state and defend the state. and that's the technical reason here that the court is giving. that, again, is not that surprising as a matter of cowens tugs nal law. >> is that the final word, then? is there anybody else who can continue to defend what prop 8 was about? >> no. the state made its decision not to defend. and, you know, that actually is something we should talk about for a minute because both the obama administration not defending doma and our state officials here not defending prop 8 received a lot of criticism. but i do think it's important to note that every day in a regular, ordinary way, elected officials make the discretionary judgment to what extent they're going to defend a law. if they believe a law is not constitutional, one would argue they recollected not spend taxpayer resources fighting a battle. but that's something that's within their discretion here. but the ballot proponents here are not agents of the state and do not have standing. >> interesting to you as it is to me that you had case where is in both cases the official, the government decided not to defend these laws but the rationale for each decision was different? >> that's right. that's right. and i think that they each did their own constitutional analysis as any elected official asks the legal team, do an analysis of the constitutionality of this law, and they made their judgment call this should not be defended. and as a result, that means we go back to district court decisions. and so now it's a matter of getting the marriages going in california. >> julie, we'll check back in with you in just a minute. but we wanted to go back out to city hall and see if the decision has reached yet and what the reaction has been. cornell bernard is there. >> hey, eric. this generates a lot of confusion about what exactly the decision is. it appears it has been referred back to the ninth circuit. again, people are still waiting for some interpretation, for somebody to the podium, hopefully mayor ed lee will be speaking here in a moment. let me get some reaction. jordan, your reaction about the striking down of the defense of marriage act. how do you feel about that? >> well, we're really thrilled. there were cheers that erupted as soon as we read on the scotus blog update that doma has been struck down as unconstitutional. that's the result we were hoping for and we're all elated. >> reporter: prop 8, it appears it has been referred back to the ninth circuit decision. what aut that? >> it's not exactly clear what happened to us at this point. the ninth circuit decision was actual livai kated. if it had been reverted to that circuit decision, that would be a really good thing for marriage equality in california, and that would actually invalidate prop 8. that's one of the things we were hoping that would happen. but we're not totally sure because all we've read at this point is that the ninth circuit decision was vacated and remanhandled a and that they decided the case on standing ground. >> all right. hopefully we'll get more opinions from the justices in a few moments. you're here in support of your friends, right? >> absolutely. i want marriage equality. i want their right to love whoever they want to be recognized. and i'm happy that that happened in the doma case. >> jordan, thank you is very much. eric, back to you now. >> cornell, thank you very much for that. we are hearing now from some of those city officials we've been waiting for. >> carolyn tyler is at city hall with mayor ed lee. >> reporter: well, he's standing right here on the side of me. he has not made his official remarks yet. but mayor ed lee? and he is with the first person who was married in california, in san francisco back when. and mr. mayor -- behind him is also mayor willie brown and other city officials, other luminaries who have been part of this battle. what do you have to say about prop 8 being struck down? >> it feels good to end discrimination in our city and in our state. and, you know, i think the anticipation of people finally feeling equality, still have the rest of the country, but it feels good in san francisco for the state of california on two levels -- ending discrimination and then celebrating with a sense of equality for people to get married wherever they want. this is a great feeling certainly for san francisco. >> reporter: what's going through your heart and your mind right now? >> it's hard to say. i never thought it would happen this way and i'm so glad it's happening. i'm glad we have the mayor we have and everybody else. >> reporter: they're hearing the roar of the crowd. they must be getting the message. it has take an while for them to hear now that prop 8 has been ruled unconstitutional. the fact that the proponents of prop 8 did not have legal standinging to take up this challenge. and you can hear the roar, the mayor getting ready now to come out and talk to the crowd along with other city officials here who, as i said, have been part of this battle for nine years. >> delayed reaction here as people were trying to interpret what this decision means. >> reporter: if you're with me still now you can see lieutenant governor gavin newsom, who was the mayor who began this fight back in 2004. he had always said he wanted to be on what he considered the right side of history, even though at the time he got a lot of flak within his party from some who said taking the step was too fast, too much, too soon. now i'm sure today he feels vindicated. and we will be hearing from him a bit later this morning as he prepares to also address this crowd, which is now very excited, thrilled about this u.s. supreme court decision, historic landmark, any word you want to use. >> carolyn, we're also seeing some of the supervisors there. it appears they're going before the crowd gathered. it won't be long now before they make some statements. it appears to be that way. >> while we wait for them to make those statements, let's take you live to washington, d.c., where some proposition 8 supporters are giving their reaction right now. >> -- has been extracted from the federal monster. on proposition 8, the question of whether the people will get to decide for themselves how marriage will be practiced in their states appears to wait another day. and that's a good question to pursue. we're disappointed in the short-term results and the short-term questions that remain unsettled. but the public conversation continues, and that's a good thing. one thing true about today's court decisions on marriage, they do not change the biblical or timeless truth of the nature of marriage as between a man and a woman. but just as importantly for christians of traditional faith like evangelicals, for whom i speak, today's decisions are an invitation to look at the reality of same-sex couples and families differently through the lens of god's love, to seek and to minister with grace and mercy to all people. the gospel is open to all regardless of their sexual orientation or the configuration of their families. this is a challenge that our folks need to meet. >> reporter: right now we take you back live to san francisco where you can see the lieutenant governor gavin newsom accompanied by mayor ed lee, who's getting a hero's applause right now. the man who first ordered that the city issue licenses to same-sex couples. let's listen to the mayor. >> i want to thank all of you for sharing this moment. this is a great moment for california. wow. >> it feels good to have [ inaudible ]. >> we apologize. we understand it's very hard to understand what mayor ed lee is saying at this point. but obviously firing up the crowd, obviously reacting joyously to the decision out of the u.s. supreme court this morning that basically validates the decision of federal judge vaughn walker when he struck down proposition 8, the ban on same-sex marriage here in california. we see a lot of dignitaries standing up there right now, the mayor, gavin newsom, the man with whom this all started when he ordered that same-sex marriage could begin in san francisco, which ignited of course a long list of legal maneuvers and challenges and ballot propositions to get us to this point. >> basically, the high court's ruling today circled around the issue of standing that protects marriage, which is the original back of prop 8, did not have the legal standing to continue in court to try to defend prop 8. now, what this means is is that at least here in california same-sex marriage will be allowed to resume based on this ruling. and mayor ed lee is now celebrating with the crowd gathered at city hall this morning, got up really early. lieutenant governor also there, gavin newsom, who ordered the city clerk in san francisco to issue those licenses to gay and lesbian couples in 2004. all congratulating one another. >> okay. let's see if we can hear now. again, our apologies. we understand you can't hear mayor ed lee. while we have law professor julie -- can you hear what he's saying? >> they found at least one person among many, one person [ inaudible ]. that is what gavin newsom has done. [ cheers and applause ] . >> i want to thank you, mayor lee, for your stewardship, your faith and devotion and constancy to the cause and to thank all the elected officials -- mayor brown, thank you for appoint megato the board of supervisors in one of the first acts i had the privilege of praying in was right here at city hall in something called domestic partnerships. it seem sod strange at the time. but nonetheless appropriate. san francisco, a city that has long been a city that has prided itself on being on the leading and cutting edge, not a city of dreamers but a city of doers, of innovators and entrepreneurs. it's a special place. and i think every single one of you understand a core principle that defines our values in this city and this state, for that matter at our best this nation, and that is we don't just tolerate diversity, we celebrate our diversity each and every day. so that's what we're celebrating. but i'll be brief, but i've been -- and i want to connect the quick dots. you know, i've been with all of you watching not just the proceedings of the supreme court but what's happening with nelson mandela. and i say this to make a point. in almost every scrawl about nelson mandela's condition, it doesn't say ex-president nelson mandela. it says leader nelson mandela in critical condition. and it begs a question, and the point, mayor lee was just making, that just because you have a position of authority, it doesn't mean you necessarily lead. it's folks that exercise not that formal authority but their moral authority that change the world. and that's the life of gandhi, wasn't president gandhi, wasn't president martin luther king. people that have all changed the world. it's people like phyllis and del that stepped up and stepped in a half-century ago for these debates. that's why we're here. it's folks like that. they didn't wait for someone to tap them on the shoulder. they didn't wait for permission. they stepped up and they stepped in. it's people like kate kendall and my extraordinary former staffer joyce newstat. it's the folks on this stage, dennis herrera who stepped up and stepped in, teresa stewart in a remarkable way. they didn't need to do it. but they did it. it wasn't just interest. it was a true commitment to equality that brought us here. it was chris and sandy. it was the extraordinary leadership of many folks in this room so, many of you out there in the audience. so i just want to celebrate your wisdom, your faith, your devotion as well to this cause and to thank you for -- and i'll close -- for participating in this remarkable journey that we are still on. this sweeping journey. like any journey, it's not linnier. it's e messy. it's complex. it's a worthy journey that we're on, we're not motivated by this cause of equality. we're inspired by it because it's a fundamental principle that defines the best of who we are, our human dignity, our self-worth, our humanity. so thank you all very much for your extraordinary work and congratulations on this special day. thank you. >> good morning. my name is kate kendall with the national center for lesbian rights. and -- prop 8. >> our apologies, folks. that was live tv. that word did get on. we want g away from city hall to outside the u.s. supreme court where david boyce, one of the two attorneys along with ted olson, who remitted the challengers to prop 8, are now spooeking. >> now most importantly, we thank all the people who have devoted so much to this battle over so many decades, people who did it at a time when it was not as easy for us to go into court. the only thing i regret today is my friend and colleague ted olson can't be here. he has been a leader in this battle the last four years. he is unfortunately today in another court in another part of the country arguing another case. but his spirit is here, and he will be with me tonight, and we will celebrate because this is a victory not just for us, not just for the plaintiffs, not even just for the people who have worked for this so many decades but for all americans. thank you. >> we want to hear from chris perry. these are the berkeleys be lest beeian couple, the couple who won. >> today is a great day for american children and families. sandy and i want to say how happy we are not only to be able to return to california and finally get married but to be able to say to the children in california, no matter where you live, no matter who your parents are, no matter what family you're in, you are equal, you are as good as your friends' parents and as your friends. we believe from the very beginning that the importance of this case was to send a message to the children of this country that you are just as good as everybody else no matter who you love, no matter who your parents love, and today we can go back to california and say to our own children, all four of our boys, your family is just as good as everybody else's family. we love you as much as anybody else's parents love their kids, and we're going to be equal. now we will be married and we will be equal to every other family in california. thank you. >> today we want to say thank you to all of you, our amazing supporters, our amazing lawyers, thank you to the constitution and thank you to the justice that was served today in this court. it was an amazing day. we thank the justices for overturning doma. it's so important for us and for all families. and we thank the justices for letting us get married in california. but that's not enough. it's got to go nationwide. and we can't wait for that day. it's not just about us. it's about kids in the south, kids in texas, and it's about kids everywhere. we really want to take this fight and take it all the way and get equality for everyone in this entire country. thank you all. it's been a pleasure and an honor to represent you. >> we'll now hear from the plaintiffs the in the case. >> in i don't need these. our desire to do something and get involved in this case, to be plaintiff, was very important to us. perry changed the conversation. it altered the game. it created a groundswell of momentum and passion that brought us here to the supreme court today. today the court said that i am more equal, that we are more equal, our love is just like our parents and our grandparents, and that any children that we may have in the future will be more secure. i look forward to growing old with the man i love. our desire to marry has only deepened the last four years, as has our love and commitment to one another. we look forward to using the words "married" and "husband" because those words do matter, they are important. i said it in my testimony in court. if they weren't important, we wouldn't be standing here today. i'd like to give special thanks to ted and davis and the entire legal team, but ted and david specifically, because their passion for equality is only trumped by the size of their heart. i'd like to thank chris and sandy for taking this ride with us, to chad griffin for his amazing strategic vision, to adam and the entire team at the american foundation for equal rights, and for the support that we have received from countless people that we don't even know but who will benefit just as profoundly from this ruling today. thank you very much. today is a great day to be an american. >> i'm not sure i can add anything after those three great statements -- four, including our amazing lawyer. you know, today is a great day. we entered this building and we always see those words, equal justice under the law. and today we're closer to that equality. we're lucky, and we know that the fight continues across this country. we cannot forget our lgb t brothers and sisters that are still discriminated against and we will not allow it. we will continue to fight until all of us are equal. >> we're going to break-away from washington, d.c., to take you back to san francisco city hall where city attorney dennis herrera is speaking. >> -- but recognizing that it is one more brick in the wall, and we will not rest until we have marriage equality throughout this country. and in closing i just want to say, you know, the marriage equality movement started in massachusetts and achieved full liftoff here in san francisco. but it has been a team effort and i want to thank the american foundation for equal rights and the plaintiffs, and i don't know, cleve jones is here. where's cleve? where is he? cleve! representing the american foundation of equal rights. chad griffin, ed bard 'boys. we all worked together and let's continue to battle. thanks so much for everything you did because we wouldn't have achieved a victory today without all of you. thank you very much. >> city attorney dennis herrera. more reaction from the supreme court rulings this morning. as we've been telling you for the past hour the supreme court struck down the defense of marriage act on constitutional grounds. it also struck down basically proposition 8, saying that the parties that challenged or the parties that were trying to uphold proposition 8 didn't have standing to even take it to court. so that ruling is is out. you heard from some of the attorneys and from the plaintiffs involved. >> so our on the air coverage will take a break for now, but you can continue to follow it, number one, you can watch it live on our website, abc7news.com. we'll continue a live stream. follow us on twitter @abc7newsbayarea for the latest on rulings and reactions. you can also comment, like a lot of our facebook friends have on our facebook page, facebook.com/abc7news. of course you can also download our new abc7 news app for more alerts. we've been receiving them all morning as the decisions come down and reactions and comments. you can get that as well. right now you're looking at a live picture in sfron outside the castro where the jubilant celebration continues with people waving the american flag and of course the rainbow flag that represents the gay community with sf pride coming up this weekend, no doubt a big day, a big week for same-sex marriage rights supporters. >> we have abc7 news reporters fanning out across the area. more for you later on our newscasts at 4:00, 5:00, 6:00, and 11:00. a momentous day for same-sex marriage rights in california and across the country. thank you so much for join us for this special coverage. good morning, america. ♪ we can't stop >> miley cyrus, like you've never seen her before. >> now, that sounds good for me. >> flying nonstop all night long, from "jimmy kimmel live" in l.a., right here, to "gma." she's going to new heights in our biggest concert event ever, in times square. and our blockbuster morning heats up, with jamie foxx here live. two, huge stars. plus, a surprise megastar guest you'll never believe. so, get ready. >> good morning, america. ♪ we can't stop >> they lined up all night long. and they got their reward. miley cyrus, signing autographs right here in times square this morning, ahead of her big live performance. >> this is going to be a big hour. robin's missing this. amy's in. and somebody else is standing here. who? there he is. apparently getting ready to do the weather. >> the weather and all of that. hanging out. >> talking about a little movie coming out? >> yeah. channing all over your tatum. hanging in there. >> that's phenomenal. >> as a matter of fact, if there's any indication -- >> jamie foxx, who i can't thank enough. a couple years ago, you helped me come to the team here. it was the best. and do we have a little look? good morning, america. hello. hello. >> jay, you're stressing too much. just relax. give it to them simple. >> good morning, america. >> good morning, america. >> a little more. >> that was great. >> it all worked out. nicely done. also coming up, princess kate, gearing up to be a mom for the very first time. the controversy heating up, now, over whether she should set a public example by breast-feeding when she has the baby. i think it's her choice. >> in public, i think they want her to. >> okay. let's get news first with josh. all right, for those of you just joining us, we want to recap a day of real history at the u.s. supreme court, two decisions that had crowds in washington and across the country reacting, actually right now, to the justices' ruling, striking down the defense of marriage act, it defined marriage of solely of that between a man and woman. the justice' second decision, allow same-sex marriage in california, essentially refusing to hear a prop 8 case. terry moran carries the courts for us joins us now. again, terry, your thoughts on this real pair of historic rulings and what they mean as one? >> what a scene and what a day, josh. you're absolutely right. here, hundred of thousands of people erupting. and people were in tears. you're absolutely right, this is a major step forward, not the whole ball of wax for those who advocate equal marital rights for same-sex couples because the court didn't just strike down the defense of marriage act, it added language in it that indicates members of this court believe gay couples should have an equal right to marry across the country, they didn't do that, but for example, justice kennedy said that the states who granted those rights believe that same-sex couples should have the right to marry and so live with pride in themselves and their union and in status of equality with all other married persons we're one step away from a national right to marry for gay couples. that's prediction. based on what the court did today it's much closer to reality. it will take a couple of years of lawsuits or elections to get there. >> reflecting a real sea change. public opinion across the country and again on capitol hill. the other breaking news right now, nfl player aaron hernandez, now formerly of the new england patriots, now being arraigned after being arrested at his home. the exact charges against hernandez not public yet. although he has again been arrested. what for? we do not know at this hour. we can tell you that the new england patriots have released aaron hernandez. for more here's lara spencer in pop news. >> 700 other members of hollywood royalty the dress was the real star of the day, according to christie's auction house. there would be seven other wedding dresses worn by elizabeth. this one is the biggie. she wore it in the movie "father of the bride." it's expected to fetch $100,000. >> her marriage to larry, the dress wasn't white. in other pop news, it's about time hollywood has discovered -- rediscovered one of the great children's book series of all times. warner brothers is in final negotiations to put up the movie rights of the encyclopedia brown books. levi brown, sally kimble, they solved crimes. this won't be the first time that hollywood tried to make a go of it. back in the early '80s they tinkered with the idea of chevy chase and goldie hawn, it never happened. and finally in pop news on this wonderful wednesday, we celebrate, two frisky felines on -- first you heard of the cat in the hat, please, meet the cat on the head. as we know, all cats love fish. sometimes, they have a hard time staying away from the family fish bowl. this one, he feels, if you can't eat the fish, you might as well become one with the fish. >> what? >> this pretty feline wants to be a fish. >> that's great. i love that. let's go out to sam. >> don't ask why. >> oh, i'm sorry. hi. we were just -- we get caught every time. youngster, tell me your name. >> john. >> john. that's my favorite sign. i don't know why. something about it -- >> i want you to put the blooper on the other side. >> let's just keep the happy moments. john, keep the happy moments. we're going to start with waterspout video out of st. pete this morning. and brady diggs. we got this from tampa bay traffic, who tweeted this morning. it was amazing to see that waterspout there. now, this area of high pressure, keeps it stormy and keeps it very humid across the southeast. you look at the 90s and know they feel much warmer than that with all of the humidity. this is that dry heat. it's going to crank up to 120, 130 degrees possible in death valley. and there's that line of violent storms today. you have to keep an eye on that from chicago all the way to the new york city area. yes, it's a long line of storms. stay with your local abc stations. thank you guys good morning. i'm abc7 news meteorologist mike nicco with your bay area microclimate forecast. we're going to have mostly sunny and humid conditions this afternoon. i know it's a little unusual for us in june, isn't it? warm to hot days thursday through the end of the accuweather seven-day forecast. good news it will be mild at the coast and our overnight hours will also be cool. temperatures today in the low to mid-60s along the coast, 72 in san francisco, mid-70s to near 80 around the bay and low to mid-80s >> outside in times square. but let's go inside to -- danielle? >> lara! >> great crowd outside. and here's what's coming up on our "gma morning menu." should kate set a royal example by breast-feeding in public. the controversy is heating up right now. we'll talk about it. and the high-end designer changing the face of fashion, heading into plus-sized clothing right now. also coming up, a blockbuster morning. miley cyrus is with us and jamie foxx is with us. both of them live. we cannot wait. so, stick around. "good morning america." wait. so, stick around. 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>> you mean my orbs? >> oh, wow. >> i have had every experience from triumph to tears and tragedy with my own two children. i did breast-feed them. but to be clear, this is a medically, socially, physically and emotionally loaded issue. and in the end, it is a mother's choice what to do with her breasts. they're not global property. >> do you give advice to your patients? should people be -- giving kate evidence? >> medically, the benefits outweigh negatives. and part of me would like to see the duchess on the royal balcony, subtly with her baby. but the end, the key to breast-feeding is feeding. and the mother has to feed her baby whichever way is best for her. >> how do people get so involved in other people's lives? >> it's considered global property, the breasts and the baby, and it's really not that way. >> thank you, dr. ashton. >> we can all agree on that one. some of the top names -- >> we're learning. >> right. >> i'm going to take charge here. a lot of top names in fashion are thinking big. donna karan, calvin klein, and other designers diving into the plus-sized market. abc's paula faris is here. >> reporter: gentlemen, you're still speechless. for so long, the fuller-figured woman has felt alienated by the fashion world. but high-end designers are finally catering to them. and plus-sized women everywhere are rewarding these designers, buying more, spending more, and spreading the word. high fashion has long catered to a very slim population of women. the average runway model is a size zero. but in the real world, the average american woman is a size 14. and most designer styles top out at size 12. some brands like abercrombie & fitch don't sell clothes for larger women. leaving those in the plus-size market with few options. but that trend is changing. fuller-figured fashionistas are demanding flattering, trendy clothes. >> there's been a common misconception that that block of women who are those sizes, don't really care much about fashion. but that couldn't be further from the truth. >> reporter: high-end designers like michael kors, calvin klein, and vince caputo, are creating pieces for plus-sized women. abbey greg collaborated with women suits for all, to create a fattini. which sold out within an hour. >> a lot of fashion designers are seeing that was an untapped market. 20% of our revenue is from women who over a size 12. it's finally, like, ding, let's get going. >> reporter: so, we made our way to bloomingdale's with plus-sized fashion blogger, alissa wilson. >> we're going to buy it up. >> reporter: to check out the growing selection of fashions for fuller figures. >> no more mumus, no more basic black. we want the same things we see on the runway. >> reporter: and she found them. giving us her own fashion show. proving that when it comes to beauty, size doesn't matter. she does look amazing. and to show how far this particular market has come. at the full-figure fashion week in new york just last week, there were 100 brands represented. that is a stark difference from the 12 brands they started with in 2009. >> such a jump in four years. >> it really is. >> thanks, paula. let's go outside to lara. special guest. >> very special guest. we are excited to see oscar, grammy winner, jamie foxx. here, taking over times square. and also, 1600 pennsylvania avenue, in his new blockbuster, "white house down." foxx stars as the president. and very well played, i might add. and channing tatum is the man in charge of protecting him in this big thriller. it's so much fun. nonstop action. it opens in theaters this friday. here's a look at jamie foxx in action. >> freeze. i said freeze. >> shoot him. don't shoot him. shoot him. >> there it is. jamie foxx as president sawyer. so, how was it playing the leader of the free world? >> you know, it was fantastic. and i'm not doing an impersonation of president obama. but there are some obamaiques, that i have. >> i know there are. can you share some? >> there's a joke about nicorette gum. that's pretty funny. we got some air jordan jokes that are funny. >> and your cadence, your voice. >> if there's any indication that america is not the most credible country in the world. >> i do a little bit of a mashup. but i did hear that he asked for a copy of the movie. >> nice. does that make you nervous? >> no, i actually performed at the white house, the motown review. so, i've performed for him before. >> now, you're wearing his shoes. >> i don't want to be in his shoes. that's too much. >> what did you learn about the presidency? >> i learned that the weight of the presidency is tough. everything they do is scrutinized. i got a chance to meet a few presidents. i met bill clinton, president clinton. george bush, and president obama, as well. i noticed when they're not on camera, they're just regular people. just regular people. >> a couple minor details. another regular guy who is not handsome, i didn't notice at all, channing tatum, your co-star. >> channing tatum. channing tatum. >> he was on yesterday. and it's undeniable the chemistry that you guys have in this film. tell me about the experience of working together. >> for him to be having a brand-new baby, a budding career, he's so humble and so cool, and we're both from the south. >> that's what he said. >> and we got a song about to be number one on the charts called -- ♪ channing all over your tatum >> tell me about that. "channing on your tatum." >> what happened was -- [ cheers ] yeah. yeah. what happened was, we were on jimmy kimmel. he did the oscars. and he did a song, "channing on your tatum." he did it on his show, and there was such a great response. we went back to my house and did that actual song at my crib. the he can sing. he can dance. dude can do a lot. we're going to put the song out on itunes. and every bit we get we will give to a charity. it is hot. >> it is hot. it is funny. can you give a little sampling of "channing all over your tatum"? ♪ our love is so dramatic you like to sing ♪ ♪ channing all over your tatum >> "white house down" is the name of the film. and it is explosive. there's a buddy element to it. >> yes. >> he said that you guys were really, really physical. in fact, at one point, you hit him with a rocket launcher, and they left it in the film. >> i didn't mean to hit him. but roland is amazing. "independence day." i mean, all of these great movies -- really have a talented film. and channing did all of his own stunts. i didn't do all of mine. i was trying to keep my wig on in the pool. i had a wig. >> that was your stunt. keeping the wig. >> off my head. you know what i'm saying. but, other than that, it's cool. and the response to the movie is great. like, they screened it last night. >> i screened it last night. my son. women love it. >> you know women love it. yeah. >> let me tell you, you and he are not a bad duo. >> thank you. >> up next for you, you are playing a villain in the spider-man series. >> i play electro. andrew garfield, emma, amazing. being a part of that was amazing. my little daughter got to be on the set. and it's really cool. watch out for this kid, gahan. >> jamie foxx, you are on a role. -- roll. "white house down." stick around. miley cyrus is with us. "white house down." stick around. miley cyrus is with us. i'm kristen sze. we continue with breaking news this morning. the u.s. supreme court has cleared the way for same-sex marriage in california. a huge crowd gathered inside the rotunda at san francisco's city hall to cheer the decision within the past hour. the court ruled that defenders of prop 8, california's gay marriage ban, did not have the legal right to appeal lower court rulings that struck down the ban. so same-sex marriage could resume in california in 25 days. the supreme court also struck down the defense of marriage act, which means legally married same-sex couples will now be eligible for all federal tax and other benefits. your wednesday morning commute, let's check in with leyla gul leyla gulen to see how it's looking. >> with all the celebrations around city hall and the castro district, looks like all streets are open, b.a.r.t., muni, nothing affected at this time, but we have an accident in foster city. if you are traveling westbound 92 right at edgewater boulevard, a crash out there is causing a bit of slowing. it is off to the shoulder but check out that red. pretty heavy. >> thanks a lot. good morning. check out these temperatures today. getting back closer to average anywhere from 2 to 17 degrees warmer than yesterday. 72 in san francisco, oakland 76, low to mid-80s in the south bay to north bay and east bay. if you're heading to the game, 12:35 first ♪ the dancers are here. the deejay is here. everyone on the roof of times square, getting ready for miley cyrus. >> unbelievable. she flew all night long, after "jimmy kimmel live" to be with us here in times square. she just can't stop. and in fact, neither can the song. "we can't stop." most views in 24 hours. 10.7 million in a single day. so, to show us how it is all done, miley cyrus. "we can't stop." ♪ ♪ it's our party we can do what we want ooh, ooh ♪ ♪ it's our party we can say what we want ♪ ♪ it's our party we can love who ♪ ooh, ooh hey, aye ♪ red cups and sweaty bodies everywhere ♪ ♪ hands in the air like we don't care ♪ ♪ 'cause we came to have so much fun now ♪ ♪ if you're not ready to go home ♪ ♪ 'cause we're gonna go all night ♪ ♪ go until we see the sunlight, all right ♪ ♪ so, la, da, di, da, di we like to party ♪ ♪ dancing with miley doing whatever we want ♪ ♪ this is our house this is our rules ♪ ♪ and we can't stop and we won't stop ♪ ♪ can't you see it's we who own the night ♪ ♪ can't you see it's we who 'bout that life ♪ ♪ and we can't stop and we won't stop ♪ ♪ we run things things don't run we ♪ ♪ don't take nothing from nobody yeah, yeah ♪ ♪ it's our party we can do what we want ♪ ♪ it's our party we can do what we want ♪ ♪ it's our party we can love who we want ♪ ♪ to my home girls here with the big butt ♪ ♪ shaking it like we at a strip club ♪ ♪ remember only god can judge us ♪ ♪ forget the haters 'cause somebody loves ya ♪ ♪ and everyone in line in the bathroom ♪ ♪ trying to get in the bathroom ♪ ♪ we all so turnt up here ♪ turnt up here ♪ ♪ getting turnt up yeah, yeah ♪ ♪ so, la, da, di, da, di we like to party ♪ ♪ dancing with miley doing whatever we want ♪ ♪ this is our house this is our rules ♪ ♪ and we can't stop and we won't stop ♪ ♪ can't you see it's we who own the night ♪ ♪ can't you see it's we who 'bout that life ♪ ♪ and we can't stop and we won't stop ♪ ♪ we run things things don't run we ♪ ♪ we don't take nothing from nobody yeah, yeah ♪ ♪ it's our party we can do what we want ♪ ♪ it's our party we can do what we want ♪ ♪ it's our party we can say what we want ♪ ♪ it's our party we can love who we want we can kiss who we want ♪ we want it's our party ♪ ♪ we can sing what we want it's our party ♪ ♪ we can do what we want to it's our house we can ♪ ♪ love who we want to it's our song we can sing ♪ ♪ if we want to it's my mouth i can ♪ ♪ say what i want to say yeah, yeah, yeah ♪ ♪ yeah hey ♪ and we can't stop, yeah and we won't stop, oh ♪ ♪ can't you see it's we who own the night ♪ ♪ can't you see it's we who 'bout that life ♪ ♪ and we can't stop and we won't stop ♪ ♪ we run things things don't run we ♪ ♪ don't take nothing from nobody yeah, yeah, yeah ♪ ♪ yeah, ehh ooh, ooh ♪ ♪ ooh, ooh, we can do what we want ♪ ♪ we can do what we want to [ cheers and applause ] >> amazing. filled at times square. it rarely happens that you're above times square looking out at everything. miley cyrus, it's a song that reminds me, just how much has changed from my club days. we can't stop. let's get to the boards. >> you have to stop. >> not yet. if i sit down, i'll have to stop. we'll show you what's going on outside. you let us know it's summer with your twitter or facebook pictures from the heat reading in the car in mesa, arizona, to st. pete. a lot of lightning coming out of those storms. here's where the severe storms will fly today. we've had very heavy rain. northern cook county, illinois. early, early morning. that's likely to refire in thunderstorms anywhere in that red zone. all the way into the new york good morning. i'm mike nicco. check this out. afternoon sunshine and muggy. how often do we say that in june? low to mid-60s at the coast, low 70s to low 80s around the bay and low to mid-80s >> i'm going to be singing that all day. i'm going to sing that song all day. all that was brought to you by home depot. we're just getting started with miley. and a certain surprise guest i may or may not be looking at right now. go nowhere. [ cheers and applause ] we have been talking about it all morning long. the crowd in times square cannot wait. miley cyrus brought a special guest with her this morning. they're going to sing a duet this morning. will.i.am, you're the special guest this morning. singing "fall down." ♪ ♪ you make my world you make my world go 'round ♪ ♪ you turn me up you turn me upside down ♪ ♪ you make my world you make my world go 'round ♪ ♪ you get me off you get me off the ground ♪ ♪ you pick me up when i fall down ♪ ♪ you pick me up when i fall down ♪ ♪ girl, you're like an elevator 'cause you always pick me up ♪ ♪ girl, you're like a doctor when i'm sick ♪ ♪ you always stitch me up ♪ ♪ you could be my deejay i'm your record come and mix me up ♪ ♪ you could be my soda pop coca-cola sip it up ♪ ♪ whip cream whip it up strip unzip it up ♪ ♪ i could be your chip you my dip, let me dip it up ♪ ♪ you make my world you make my world go 'round ♪ ♪ you make my world you make my world go 'round ♪ ♪ you pick me up when i fall down ♪ ♪ you pick me up when i fall down ♪ ♪ you pick me up when i fall down ♪ ♪ you pick me up when i fall down boy, you're like an ♪ ♪ elevator 'cause you always pick me up ♪ ♪ boy, you're like my doctor when i'm sick ♪ ♪ you always stitch me up you could be my deejay ♪ ♪ i'm your record come and mix me up ♪ ♪ boy, just be my lollipop always on my membrane ♪ ♪ i love you so i give it up let's visit all the ♪ ♪ places that's exquisite let's go live it up ♪ ♪ walking down lover's lane flying in an airplane ♪ ♪ boy, you get me higher ♪ you make my world go 'round you turn me up ♪ ♪ you turn me upside down you make my world ♪ ♪ you make my world go 'round you pick me up ♪ ♪ when i fall down you pick me up when ♪ ♪ i fall down you pick me up when i fall down ♪ ♪ you pick me up when i fall down ♪ [ cheers and applause ] ♪ and we can't stop if you can hear me, because i can't hear myself. take a look. there she is, miley cyrus. that's the roof of our studio, in the heart of the crossroads of the world. hundreds of fans here. all morning long. emily from boston, got here at 12:30 in the morning. 2:30. laura, from new jersey, got here at 12:30 -- 11:30 last night. cameron from rochester. you got here when? >> 12:30. >> you not only memorized every word of every song. everybody's got that. you have, in perfect location, every tattoo on your hand that miley cyrus has, on hers. that is commitment, right here. cameron, also, you have the leg? you do love yourself so much. what does she mean to you? >> everything in the entire world. everything. everything. >> that about says it. all right. cameron, thank you for being here. thank you, all, for being here. amy? >> i can barely hear you. there's a lot of fans out there. and there she is. she last night on "jimmy kimmel." she's only 20 years old. i'm talking. but i don't think i can hear you. all right, everybody. all right. [ cheers and applause ] all right. you feel the love. you feel the love. >> i feel the love. i can't hear you. but i hear the love. >> that has to feel good after the night you had. at jimmy kimmel last night. and "gma" this morning. and making records with this newest single. on top of the "forbes" list, as well. in the last 24 hours, you broke the record for the most views of any 24-hour period. you're getting over laryngitis. but no one can tell because you sounded amazing on that rooftop. >> this is the most nervous i've been at a performance. i was up all night on the plane getting here. and i've been really sick. if anyone was reading my tweets, i didn't think i would make it. it's done. >> you really don't stop. >> i don't stop. unless you get laryngitis. and you kind of got to. >> you said with "we can't stop" that describes your life right now. tell us what is going on. what is a day in the life? >> i mean, this is probably one of the most insane weeks of my life. it isn't always this crazy. i feel like right now, i'm at a time in my life where i think people need to hear that also. for me, it's kind of like where i am now. but it's almost a part of me where it just brings people together. i think people need to know we can't stop. with everything going on in the world the way it is, somebody need something inspirational. it's about having a good time. and everyone in my age group, we're trying to have fun and not stress out. [ cheers and applause ] >> i think i'm right. >> your fans, very much. and 33 million views as of this morning, features french fry sculptures to more wild scenes. what do you say to people who say it's too racy for a 20-year-old? >> they haven't partied for a while. they haven't been to a good party in a minute. thank you. i think, for me, it was something that -- i was excited when the song came out. but i wanted the music video to come out. it shows where i was at that time in my life. and the video is based after true events. funny things that have gone down in my life. i think it's great to let people see that of me and not be the glammed-up beauty shot girl. that's not who i am. i'm just about having fun. >> and speaking about your transformation. you feel manier like you than you ever have before. you have changed a lot since your "hannah montana" days. >> it's so different. that is a different human than the 12-year-old that was on that screen before. >> how are you different? physically, we can see it. how about emotionally? >> i got a really good hair stylist. and yeah. i just -- everyone just like grows up. like you slowly start to become who you are. that's what's crazy is the person i thought i was at 16, is completely different at 18 and excit see where i'm >> you have done it all in the public eye. and f relationshi issues, all in the press. and f relationshi issues, all in the press. does it take a toll? base. and they're the ones that are getting it to be 33 million views. my whole thing is, haters are going to hate. bu haters are also going to you helpe m t record. so, i win. we saw a really sweet picture of you and liam. will they? won't they? are they walking down the aisle? i see the ring on your finger. are wedding bells in your future? >> i'm wearing a ring. so -- [ cheers and applause ] >> all right. we want to bring in your special guest. we just saw will.i.am. you were amazing on that roof. let's bring will over. come on. [ cheers and applause ] take a seat. nice to see you. fantastic job up there. i love what you said about miley. this will redefine everything you think of as miley cyrus, when you hear this new album. >> yeah. when i heard it in the studio in hollywood. they didn't tell me who it was. and they said, it's miley cyrus. what? >> he thought i was some hipster girl over in iceland making music. low-key girl that hadn't been discovered yet. >> you had heard of miley cyrus before. but this wasn't the miley cyrus you thought you knew. >> this wasn't the miley cyrus i thought. >> this one is may for turnt up. >> yeah. >> what have you learned about each other. what did you learn about will.i.am. >> it's crazy. i didn't realize until we were on the plane together, how many black eyed peas references, i make in real life. until we were hanging out and realize -- when you were asleep, i don't know if you heard me singing "boom, boom pow" in the bathroom. i learned so much from him. if you go anywhere around the world, it's amazing what he's done as a group and also as an artist. i think that's what i need to do. i needed to break away to do my own thing. but also respect where you come from and who helped you get there. i learned a lot from him. and i never traveled over in europe. but he's helping me introduce myself to those fans who fall down. it's insane right now. the u.k. has been blowing it up. >> what do miley fans not know about her that you discovered? >> oh, gosh. >> not like that. not like that. like, miley, she's -- of course, you see miley on tv, right? we -- my little nieces and nephews grew up with miley on tv. and when you see someone on tv, you never think, i can hang out with this person. miley's such a down-to-earth person, that i forget this is the person that was on t [ cheers and applause ] thank you so much. what a fantastic morning. did you love it or what? have a great day, everyone. good morning. i'm kristen sze. a huge crowd gathered in front of city hall. for the supreme court's decision on prop 8. it clears the way for same-sex marriage to resume in california. rallies throughout the day in the bay area. we'll have the forecast. >> trying to raise money for diabetes, temperatures in the 80s and a lot of sunshine. we have some heat on the way starting tomorrow all the way through next week. leyla? >> a couple crashes westbound side of 580 at isabel. you have an accident involving a motorcycle. we had this crash northbound side of 280 off to the shoulder. >> thanks a lot. announcer: it's "live! with kelly & michael." today, from "despicable me 2," teve carell. and singer, miley cyrus. and a performance from the backstreet boys. plus, kristin chenoweth takes a seat at the co-host desk. ll next on "live." now, here are michael strahan and kristin chenoweth! [cheers and applause] ♪