>> ALL ABOARD. >> OUR MERRY MONTH OF MERRY
TRAIN IS HEADING TO THE STATION.
ALL THAT ON "MEGYN KELLY TODAY"
RIGHT NOW.
>> HI.
GOOD MORNING.
HELLO.
[ APPLAUSE ] HEY, EVERYBODY.
HEY, EVERYBODY. HAPPY FRIDAY.
HAPPY FRIDAY.
WE HAVE A GREAT SHOW. IM MEGYN KELLY. SHOW.
IM MEGYN KELLY. WE HAVE A GREAT SHOW TODAY.
INCLUDING TIPS HOW TO AVOID THE
TRAVEL NIGHTMARE.
TRAVEL NIGHTMARE. AND COOKING SO EASY, EVEN I CAN
DO IT.
CHRISTMAS HAM FOR NONCOOKS LIKE ME.ISTMAS HAM FOR NONCOOKS LIKE
ME.
AND SPEAKING OF FOOD, WE BEGIN THIS MORNING WITH CAKE.E BEGIN
THIS MORNING WITH CAKE. THAT CAKE MADE IT ALL THE WAY UP
TO THE U.S. SUPREME COURT.
THE QUESTION, WHETHER A BAKER HAS THE RIGHT TO REFUSE TO BAKE
A CAKE BECAUSE OF RELIGIOUS
BELIEFS.
WERE GOING TO SPEAK TO THAT BAKER.OING TO SPEAK TO THAT
BAKER.
FIRST, THE DETAILS OF HIS STORY.
WHAT STARTED AS A SIMPLE REQUEST
FOR A CAKE IN COLORADO, HAS TURNED INTO A BITTER CLASHS
TURNED INTO A BITTER CLASH BETWEEN RELIGIOUS RIGHTS.
>> I CANT BE FORCED TO
CELEBRATE FOR SOMETHING THAT
GOES AGAINST BIBLICAL TEACHING.
>> Reporter: AND CIVIL RIGHTS.
>> WE CANNOT BE A NATION THAT
ALLOWS THE THIN VENEER TO BATTLE
AGAINST IN THIS COUNTRY.
>> Reporter: AND HAS BECOME ONE OF THE MOST IMPORTANT CASES ONE
OF THE MOST IMPORTANT CASES BEFORE THE SUPREME COURT THIS
TERM.
TERM.
AT THE CENTER OF THE CASE, DAVID MULLINS AND CHARLIE CRAIG. DAVID
MULLINS AND CHARLIE CRAIG. THEY WANTED A CAKE TO CELEBRATE
THEIR WEDDING.
THEIR WEDDING.
THEY WENT HERE TO MASTERPIECE
CAKE SHOP.
BUT OWNER, JACK PHILLIPS,
REFUSED TO BAKE THEM A WEDDING CAKE.ED TO BAKE THEM A WEDDING
CAKE. >> HE ASKED WHO THE CAKE WAS
FOR.
FOR.
ONCE WE INFORMED HIM IT WAS US, HE COULD NOT MAKE A CAKE FOR A,
HE COULD NOT MAKE A CAKE FOR A SAME-SEX WEDDING.
SAME-SEX WEDDING. >> Reporter: PHILLIPS SAID HE
WOULD BAKE OTHER GOODS.
BUT ALL THEY GOT WAS A NO.
PHILLIP SAID SAME-SEX MARRIAGES
GOES AGAINST HIS BELIEFS.
HE CALLS HIS CAKES WORKS OF ART.
AND HE SAYS HE SHOULDNT BE
USING HIS ARTISTRY FOR SOMETHING
AGAINST HIS RELIGION.
>> IF WE DIDNT STAND UP FOR
OURSELVES, THIS MIGHT OPEN THE
DOOR FOR DISCRIMINATION AGAINST
ALL SORTS OF PEOPLE.
>> Reporter: THEY FILED A
COMPLAINT WITH THE COLORADO
CIVIL RIGHTS COMMISSION.
AND WON.
AND WON. THE CASE THEN WENT UP TO THE
COURT OF APPEALS.
THEY WON AGAIN.
THE BAKER APPEALED TO THE U.S.
SUPREME COURT.
SUPREME COURT.
JUSTICES HEARD FROM BOTH SIDES
THIS TUESDAY.
HUNDREDS GATHERED OUTSIDE THE
COURT TO PROTEST BOTH SIDES.
IN 2015, THE SUPREME COURT MADE SAME-SEX MARRIAGE LEGAL IN ALLE
SAME-SEX MARRIAGE LEGAL IN ALL 50 STATES.
50 STATES. >> I PRONOUNCE YOU MARRIAGE.
>> THE ACLU SAYS A CAKE IS NOT
SPEECH.
SPEECH. PHILLIP ARGUES HES AN ARTIST.
AND ITS HIS CONSTITUTIONAL
RIGHT TO MAKE OR NOT MAKE
WHATEVER TYPE OF ART HE CHOOSES.
JUSTICE ANTHONY KENNEDY IS
LIKELY TO CAST THE DECIDING
VOTE, EXPECTED SOME TIME IN
JUNE.
JUNE. JOINING ME NOW, JACK PHILLIPS
AND HIS ATTORNEY.
CAN YOU EXPLAIN, WHAT WAS IT
ABOUT BEING ASKED TO BAKE THE
CAKE FOR THE WEDDING THAT YOU
DIDNT WANT TO DO IT?
>> I SERVE EVERYBODY WHO COMES
INTO MY STORE.
INCLUDING DAVID AND CHARLIE.
PEOPLE OF ALL WALKS OF LIFE ARE
WELCOME IN MY STORE.
THERES CERTAIN MESSAGES THAT I
DONT CREATE.
DONT CREATE. I DONT DO CAKES FOR HALLOWEEN.
I DONT DO CAKES THAT WOULD
PROMOTE SEXUAL THINGS OR
ANTI-AMERICAN THINGS.
ANTI-AMERICAN THINGS. THINGS THAT WOULD DISPARAGE
OTHER PEOPLE, INCLUDING
CUSTOMERS THAT IDENTIFY AS LGBT.
>> HAS PEOPLE ASKED FOR A CAKE
THAT DISPARAGE LGBT?
>> I HAVE.
>> THERES A CAKE AGAINST GAY
PEOPLE?
PEOPLE?
>> ITS SOMETHING I CANT
CREATE.
>> ITS A QUESTION OF WHETHER JACK HAS THE FREE SPEECH RIGHT
TO BAKE THE CAKES HE BAKES.
HOW IS BAKING A CAKE FREE
SPEECH?
SPEECH?
>> THE COURT HAS THE TEST FOR WHAT SPEECH IS.S THE TEST FOR
WHAT SPEECH IS. ANYTHING THATS ANALAGAS TO
OTHER PARDON MEFORMS OF ART.
>> HOW FAR DO YOU TAKE THAT?
THE XHEF ATCHEF AT THE WEDDING.
HOW IS HE LESS ARTISTIC THAN
JACK?
JACK?
>> YOU HAVE TO COMMUNICATE SOMETHING.E TO COMMUNICATE
SOMETHING. ITS SOMETHING THE COURT USES IF
THEY HAVE A FREE SPEECH CASE.
>> HES MAKING A RELIGIOUS
ARGUMENT IN ADDITION TO THE FREE
SPEECH ARGUMENT.
SPEECH ARGUMENT. RIGHT.
RIGHT.
AND THE LAWS ARE A BROADER ISSUE.E LAWS ARE A BROADER
ISSUE. >> HOW WERE YOU FORCED TO
PARTICIPATE JUST BY BAKING THE
CAKE.
CAKE.
YOU WERENT GOING TO BE AT THE WEDDING OR ENDORSING THET THE
WEDDING OR ENDORSING THE WEDDING.
WEDDING.
>> I TAKE MY TIME, MY TALENT, MY
ENERGY.
WE MAKE SKETCHES. WE GO THROUGH EVERYTHING TO MAKE
THE CAKE FOR THEM.
THEN, IT BECOMES A WORK OF ART.
IT BECOMES A CANVAS.
>> YOU FEEL THATS TOO
PARTICIPATEORY OF THE PROCESS?
>> ITS A CREATION.
>> YOU SEE THE TWO YOUNG MEN HOW
IT BROUGHT TEARS THIS SS TO THEI
AND HOW IT MADE THEM FEEL THEY
WERE SECOND-CLASS CITIZENS.
>> LITS BEEN EMOTIONAL FOR US,
AS WELL.
AS WELL.
THERE WERE DAYS WHEN MY WIFE WAS AFRAID.ERE DAYS WHEN MY WIFE WAS
AFRAID. ACTUALLY AFRAID TO COME TO THE
SHOP.
SHOP.
WE HAD DEATH THREATS. HARASSING PHONE CALLS.
IVE BEEN FORCED BY THE
GOVERNMENT TO GIVE UP 40% OF MY
BUSINESS.
BUSINESS.
HALF OF MY EMPLOYEES.
ITS BEEN EMOTIONAL ON OUR SIDE, AS WELL. EMOTIONAL ON OUR SIDE,
AS WELL. >> THE SUPREME COURT PASSING
THAT LANDMARK IN 2014.
THEY MADE ANNOUNCES FOR CLASHES
OF THIS TYPE.
THEY REALIZED THAT THAT RULING
WOULD LEAD TO SOME CLASHSES.
>> I FELT LIKE JUSTICE KENNEDYS
REMARKS WERE MARKING.
>> JUSTICE KENNEDY SEEMS ON THE
FENCE ABOUT IT.
HE SEEMS ON THE FENCE BECAUSE
THE COURT DID NOT SEEM TO MEAN
TO THROW OUT CHRISTIAN BELIEFS
AND THE RIGHT TO EXERCISE THEM
AT CONCLUSION.
AT CONCLUSION. YOU HAVE TO UNDERSTAND, THIS IS
THE SAME AS SAYING TO AN
INTERRACIAL COUPLE, I DONT WANT
TO SERVE YOU.
>> IT IS NOT THE SAME.
THROUGHOUT MILLENNIA, BELIEF
MARRIAGE IS ACROSS A MAN AND A
WOMAN, HAS CUT ACROSS CULTURES,
RACES.
>> WHAT THE GOVERNMENT MAKES -- THE CATHOLIC AND THE PROTESTANT
FACE AND TO SPEAK MESSAGES.
THIS LAW FORCES A DEMOCRATIC
SPEECH WRITER TO WRITE FOR A
REPUBLICAN.
REPUBLICAN.
IT FORCES A JEWISH GRAPHIC
DESIGNER TO PROMOTE THINGS THE JEWISH PERSON DOESNT BELIEVEHE
JEWISH PERSON DOESNT BELIEVE IN.
IN.
THINK OF ALL OF THE AREAS OF
SPEECH.
IT WILL IMPACT YOU AS A
JOURNALIST.
WEVE NEVER FORCED AMERICANS TO SAY THINGS THAT THEY DONTNS TO
SAY THINGS THAT THEY DONT BELIEVE IN.
BELIEVE IN.
AND WE NEED TO PROVIDE THE SPACE AND HAVE A BALANCE.IDE THE SPACE
AND HAVE A BALANCE. >> THATS IF YOU PUT YOURSELF
OUT THERE AS THAT TYPE OF
SPEAKER.
SPEAKER.
RIGHT?
THATS WHY YOU STOPPED MAKING THE CAKES.YOU STOPPED MAKING
THE CAKES. IF YOU OFFER THE CAKES -- IF YOU
OFFER THE CAKES, YOU HAVE TO
OFFER THEM IN A NONDISCRIMINARY
MANNER.
MANNER. IT WOULD SUPPOSE A PROBLEM, IF I
SAID IM NEVER GOING TO SPEAK ON
BEHALF OF A GAY OR LESBIAN
GROUP?
GROUP? DO YOU MAKE THE CAKES ANYMORE?
>> WE STOPPED MAKING WEDDING
CAKES.
CAKES.
>> THIS IS A BIG ONE.