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Same-Sex Ruling; San Francisco Celebrations; Scathing Dissent; Clementa Pinckney's Funeral. Aired 2-2:30p ET

Aired June 26, 2015 - 14:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[14:00:00] BROOKE BALDWIN, CNN ANCHOR: This is CNN. I'm Brooke Baldwin. Thank you so much for joining me here on this Friday. We will take you back to that funeral service for the pastor in Charleston in just a moment.

But first, a huge development in this desperate hunt for these two escaped inmates. Police now say there is new evidence to suggest the inmates are heading towards Canada. Three weeks now on the run, still no capture. But, we are now hearing a burglary led to a cabin in Malone, New York. We'll take you live to the search scene in just a moment.

But first, an historic moment in this country today. From this day forward, same-sex marriage is now legal in the United States of America. The U.S. Supreme Court handing down a 5-4 decision that means no U.S. state can ban same-sex marriage anymore.

As news rippled through the crowds who were rallying for marriage equality, outside the courthouse, people broke out into cheers, followed quickly by patriotism.

(BEGIN VIDEO CLIP)

CROWD (singing): And the rocket's red glare, the bombs bursting in air, gave proof through the night that our flag was still there. Oh, say does that star-spangled banner yet wave. O'er the land of the free and the home of the brave.

(END VIDEO CLIP)

BALDWIN: Among the crowds there on the front steps you have this man. Let me hone in on Jim Obergefell and tell you his story. He is the lead plaintiff in a Supreme Court case, starting this legal battle after his longtime partner passed away back in 2013. And because same- sex marriage wasn't legal in their home state of Ohio, Obergefell wasn't listed on his husband's death certificate. But today his fight for equality is over and he spoke with our justice correspondent Pamela Brown. And as he did so, this was almost a once in a lifetime moment here that was captured live on CNN, his phone rang. And our cameras were rolling during this emotional moment when you know who was on the other end of that phone? The president called him personally to thank him.

(BEGIN VIDEOTAPE)

JIM OBERGEFELL: Hello.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: Hi, is this Jim?

OBERGEFELL: Yes, it is, Mr. President.

OBAMA: Jim, the - I figured when I saw you that we were going to be hoping for some good news, and we did. And I just wanted to say congratulations.

OBERGEFELL: Thank you so much, sir. I think it was your wishes -

OBAMA: You know your - you know your - your leadership on this, you know, has changed - changed the country.

OBERGEFELL: I - I really appreciate that, Mr. President. It's really been an honor for me to be involved in this fight and to have been able to, you know, fight for my marriage and live up to my commitments to my husband. So I appreciate - I appreciate everything you've done for the LGBT community and it's really an honor to - to have become part of that fight.

OBAMA: Well, I'm really proud of you and, you know, just - just know that, you know, not only have you been a great example for people, but you're also going to, you know, bring about a lasting change in this country and it's pretty rare when that happens. So I couldn't be prouder of you and your husband. God bless you.

OBERGEFELL: Thank - thank you, sir. That means an incredible amount to me. And, yes, thank you.

OBAMA: All right, take care.

OBERGEFELL: Thanks for the call, Mr. President.

OBAMA: OK. Bye, bye.

OBERGEFELL: Bye.

(END VIDEO CLIP)

BALDWIN: Thanks for the call, Mr. President. We'll talk to Pamela Brown in a second about that moment.

But first, after that phone call, the president addressed the nation.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: This decision will end the patchwork system we currently have. It will end the uncertainty hundreds of thousands of same-sex couples face from not knowing whether their marriage, legitimate in the eyes of one state, will remain if they decide to move or even visit another. This ruling will strengthen all of our communities by offering to all loving same-sex couples the dignity of marriage across this great land.

(END VIDEO CLIP) BALDWIN: Let's go to Pamela Brown, who is still there on the steps of the U.S. Supreme Court. And, Pamela, we will talk about that phone call that you caught on live TV in a minute.

But first, to the ruling itself, 5-4 here. Justice Kennedy writing the majority opinion. Tell me about it.

[14:05:06] PAMELA BROWN, CNN JUSTICE CORRESPONDENT: It's just been an extraordinary, historic day here at the Supreme Court, Brooke. In fact, a lot of people thought we were going to get this ruling on Monday, the last day of the term. So it was a bit of a surprise when we found out that the opinion was going to be announced today.

And as soon as we found out it was Justice Kennedy, you could feel sort of the energy change out here, outside, in front of the Supreme Court. And then as soon as it was announced that Justice Kennedy, the majority on the Supreme Court, made same-sex marriage a nationwide constitutional right, you can hear the crowd just erupted in applause. They were screaming. Balloons were released into the air.

And, in fact, Brooke, they ran onto the plaza here at the Supreme Court, which is highly unusual. You're not supposed to be on the plaza. But as you can see, they poured onto the plaza, celebrating, singing patriotic songs, singing the national anthem because this is a day that these gay rights advocates have been fighting for, for decades. This is one of the greatest civil rights issues of our time.

And Justice Kennedy cemented his legacy as a gay rights champion. And here's what he said in the opinion today. It sort of -- explaining why he made this decision. He said - talking about same-sex couples, "their hope is not to be condemned to live in loneliness, excluded from one of civilizations oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right."

So, Brooke, this is a broad ruling by Justice Kennedy saying that same-sex couples have a right to marriage and they are protected by the Constitution.

Brooke.

BALDWIN: Pamela, in 30 seconds, that phone call with the plaintiff and the president, total serendipity.

BROWN: Total serendipity. It was timing and luck, Brooke. I had just finished up the interview with Jim Obergefell, a really emotional interview, and apparently, little known to me, President Obama was on hold waiting to talk to him when we were doing the live interview. So, really incredible.

BALDWIN: Stunning.

BROWN: I had no idea. And then after he started walking away and they came back and said, do you want to capture this? And I said -

BALDWIN: Yes. Yes, we did. BROWN: I think so. And just -

BALDWIN: You made the right decision, Pamela Brown. And you will be -

BROWN: I think I - I feel pretty good about that one, Brooke.

BALDWIN: That is the photo that will be all over the papers tomorrow.

Pamela Brown, thank you so much, at the U.S. Supreme Court.

BROWN: Thank you.

BALDWIN: You know, today's celebrations, of course, are extending far beyond the beltway there in Washington. Rosa Flores is inside New York City Hall where in, moments from now, the mayor there of New York, Mayor Bill de Blasio, will officiate not just one but two same-sex ceremonies following today's decision in Washington.

Dan Simon is in San Francisco where he just spoke to California's Lieutenant Governor Gavin Newsom.

So, Dan, let me just go to you and also show these live pictures from the Stonewall Inn. This is the right side of the screen. That was where the riots broke out back in 1969 when the gay patrons there at the bar, once upon a time, said enough is enough and that was the beginning of this massive movement. So we'll take you there in just a second.

Again, this weekend marks the 46th anniversary of those riots that took place at the Stonewall Inn. The demonstrations and the riots that followed are occurred the most important event that started the gay liberation movement. Went into the archives just to show you what happened decades ago. And, by the way, the Stonewall Inn was just granted landmark status by the city this week.

But, Rosa Flores, to you, across town there, downtown in Manhattan, ahead of these two same-sex ceremonies, tell me - tell me about who's getting married.

Not getting her. I hear technical difficulties, Rosa. Stand by. We're going to try to make that connection a tad better.

Dan Simon, let me just go to you in San Francisco. You spoke with Lieutenant Governor Gavin Newsom. What did he say?

DAN SIMON, CNN CORRESPONDENT: Well, hi, Brooke, it's been pretty incredible to witness this historic day on the streets of San Francisco. We're in front of city hall. There have been spontaneous celebrations here. We've seen celebrations out in the Castro (ph), which, of course, is a well-known place for embracing the LGBT community.

You know, it was 2004 when arguably this whole odyssey began, this whole fight for same-sex marriage. That's when then Mayor Gavin Newsom, now the lieutenant governor of California, made the controversial decision saying, you know what, we're just going to start granting marriage licenses. And we had a chance to catch up with him today to talk about this historic ruling. Take a look.

(BEGIN VIDEO CLIP)

LT. GOVERNOR GAVIN NEWSOM (D), CALIFORNIA: It's possible to do right things. It is. And for all the anxiety around income inequality and climate change and a world that is certainly being torn athunder (ph) because of racial and religious and ethnic controversy, you know, this is an antidote to that fear and that frustration and that anxiety. We can do great things as a country when we can reconcile our differences and be a little more empathetic and understand that we're all in this together and we're all given very short moment of life. And we, I think, are celebrating those principles and those values here today.

(END VIDEO CLIP)

[14:10:11] SIMON: And it's going to be quite a weekend here in San Francisco. A gay pride weekend. The largest gay pride parade happening on Sunday in San Francisco.

And, Brooke, I'll just leave you with a tweet here that I saw from Tim Cook, the CEO of Apple, tweeting, "the people who are crazy enough to think they can change the world are the one who do," borrowing that famous quote from his predecessor, Steve Jobs. Tim Cook, of course, famously acknowledging his sexuality earlier this year.

Brooke, we'll send it back to you.

BALDWIN: What would Harvey Milk be thinking right about now? Dan Simon, thank you very much, in San Francisco.

I want to go to our senior legal analyst, Jeffrey Toobin, just to get a little bit more as far as the justices, the personalities, the dissentions, the majority opinion here.

So, Jeff Toobin, let me just begin with you. A 5-4 decision here. You have Justice Kennedy writing the majority opinion. But it was - I want to focus on Justice Scalia because, wow, what a week it has been. I mean yesterday he was dissenting, talking about, what, somersaults and downward spirals and applesauce and today, what were some of the words that stood out for you?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, you know, he has become the get off my lawn justice. You know, he is - he is so angry all the time. You would think he lost every case. When, in fact, the conservatives on the court, of whom he is a senior member, usually win most cases. But the health care case yesterday and the marriage case today have really set him off. And today it was not so much the rhetoric about the issue, but it was the attacks on Justice Kennedy personally, his calling the opinion, you know, embarrassing and really disgraceful, was a kind of breach of decorum that even in the spirit of dissenting opinions that the justices are known to write was really kind of over the top.

BALDWIN: Over the top. But then you have a chief justice, this John Roberts, this Bush appointee, who again we spoke about him yesterday, siding with the administration, not so here. Walk me through how you think he has been perceived - I was talking to Gloria Borger yesterday referring to him a conservative with a lower case "c." But today he switched it up.

TOOBIN: Well, he is definitely a conservative. I mean there is no doubt about it. And his opinion was very focused on one thing, which is, you know, same-sex marriage is a controversial, political issue that should be settled by the people's elected representatives. His opinion was, if we want to make this big momentum change, marriage has been between men and women for 1,000 years plus, if we want to make that kind of formentous (ph) change as a society, it should be up to the people's representatives, not five unelected justices.

Now, of course, Anthony Kennedy and the majority of the court says, this is why we have courts, to recognize rights and make sure that people are treated equally under the law. Chief Justice Roberts took a very unusual step today and he read his dissenting opinion from the bench. The others justices do that with some regularity. Chief Justice Roberts almost never reads a dissent from the bench. So I think that indicates just how strongly he felt about this case.

BALDWIN: We'll talk more about this, Jeffrey Toobin, thanks so much.

TOOBIN: All right.

BALDWIN: But I have to now pause and take you to Charleston. The funeral for the Reverend Clementa Pinckney is underway. The crowd in this arena at capacity, 5,000 people here. And I want to bring in my colleague, Don Lemon, who is standing by in Charleston.

We know that the president of the United States, among others, are in attendance here. They had met - they're familiar with one another personally, Don. Have you seen the president yet?

DON LEMON, ANCHOR, CNN'S "CNN TONIGHT": I have not seen the president. I've seen the president's motorcade, yes. So in that vein, I have seen the president. It drove by just a short time ago as he arrived here, as he got off of Air Force One and then made his way to the TD Arena, which is really just in the shadow of the Emanuel AME Church that I'm sitting in front of here. So the church is behind me and the arena is right in front of me.

You're right, the president will be speaking and this is going to be a big speech for him. He's given this speech a number of times after there have been tragedies involving shootings, Brooke, in this country, as you well know. You have covered them. I have covered them as well.

But this also comes at a time when we're dealing very specifically with race in this country and the issues of rights as well, civil rights, human rights, equal rights. And so in a way it all falls under the same umbrella. The president, of course, with the first lady of the United States. The president of the United States there as well. Those who would like to be president of the United States, one of which is Hillary Clinton, is there as well. The former governor, Mark Sanford, is there now, a representative, as well as people, of course, loved ones and friends of the Reverend Clementa Pinckney, all joining in today, giving some very poignant stories about - some of them childhood friends about their loved one and their relative.

[14:15:14] So it's going to be interesting to see what the president of the United States has to say. He's going to come up in just a moment here to speak.

Hey, Brooke, I need to tell you that, you know, this place holds 5,400 people, Brooke, and it reached capacity very quickly. People lined up here since before dawn, before sunrise here in the morning to get in.

BALDWIN: Incredible.

LEMON: And they got in very quickly and now, where we are here at the church, is the overflow crowd. And so you can hear now the folks inside of this arena awaiting the president to give the eulogy.

BALDWIN: Incredible. We're going to stay on this live picture. And, Don, let me just - let's just continue our conversation because I think it's worth reminding everyone, and it was nine days ago, you know, these nine souls were massacred inside of this - this church. And it's important to remind everyone, it was - happened during Bible study and that Bible study has since resumed. It resumed a couple of nights ago and the themes, "unity" and "love." What's the sense, when you're there, you're talking to people in Charleston, how are they feeling?

LEMON: Yes. The power of love. The power of love. That's how people are feeling. You know, I was talking to my colleague Van Jones, who's also here with me, and he said that it's going to be a tough speech for the president because he has to bring a nation together, heal a nation. I think it's - I think it's really tough. It should not - the families should not be given short shrift here. The family set the tone here for the country, as well as the people here.

We have been in so many places where there has been unrest, people screaming, people yelling, people burning things. The family said, no, we're not having any of that. We want peace. We want love. We want forgiveness. And anytime someone comes out and they try to start something or start yelling or screaming names or what have you, it's almost like, you know, striking a match, a wet match. It's just not going to happen here because that's not the atmosphere. And I think that can be - that - the family should be commended for that, but also that's happening because the family set the tone here and because of the church spirit. That's the spirit of Christianity. They're saying, no.

I - anytime, Brooke, you can have a family that comes out days after their loved one has been murdered in a horrific way, in a racist way, in a terroristic way and say, I forgive you, you at home or you here, if you don't understand that, then you don't - you should not - you shouldn't be here. You shouldn't take part in that. That's what they want and that's what they're getting here and that's what the president is going to be - you know, that's what his speech will be fueled from, from that energy right there.

BALDWIN: Don, you're from the south. I'm from the south. Some of our history is beautiful. LEMON: Yes.

BALDWIN: Some of it's quite ugly. And to see the pictures in the last couple of days of this reverend lying in state in that capital rotunda in Columbia, South Carolina, given the history and the ugliness of the south, to know, you know, here is this African-American man so beloved by his community, known by the president of the United States, it was a pretty - it's a pretty stunning moment for this state and the country.

LEMON: It's - you know, after doing this for a while you come on the stories and you cry so much, it's almost too much to think about. I have to separate myself from it and it's not that - it's not the story is about me, but I grew up here and I saw so much ugliness growing up here in the south and that was part of the reason I left the south. If you read what I wrote in my book, part of the reason I left is because of the racism. And so I - I went to the north so that I wouldn't have to deal with any of that. And you still deal with it, just in a different way. But it's so overwhelming that at any moment you find yourself almost breaking down and you can't even imagine how the people who are close to it, how the families are even standing at the moment.

BALDWIN: There he is. There's the president.

LEMON: All right - coming on television.

BALDWIN: Forgive me, Don. Here's the president and the first lady.

LEMON: There's the president - yes, there's the president coming in now.

BALDWIN: Let's listen.

(SINGING)

UNIDENTIFIED MALE: And the people of God just (ph) say amen!

CROWD: Amen.

UNIDENTIFIED MALE: (INAUDIBLE) say hallelujah!

CROWD: Hallelujah!

UNIDENTIFIED MALE: Somebody say praise the Lord!

CROWD: Praise the Lord!

UNIDENTIFIED MALE: We come now, Reverend Dr. Charles Wanchin (ph) will come (INAUDIBLE) to him of comfort, followed by the invocation by the presiding elder of the Mt. Pleasant district, the Reverend Dr. Gernaro Peak (ph). And the scripture lesson we're given instead by the Reverend Joseph Postel (ph), presiding elder of the Lancaster district (INAUDIBLE).

I have my comfort, it is well. I have knowledge as pen (ph), when peace like a river attendeth my way. When sorrows light (INAUDIBLE). What'er (ph) my lot has taught me to say, it is well with my soul. Though Satan should buck (ph), through trials should come, let this blessed assurance control that Christ has regarded my helpless estate and has shed his own blood for my soul. It is well with my soul. It is well. It is well with my soul.

We'll ask all but the family to please stand to your feet as we sing this great song of the church. It is well.

(CONGREGATION SINGING)

UNIDENTIFIED MALE: Let me invite all of our pastors across this faith community to pray with us and with this family. God of our weary ears, God of our silent tears, thou who has brought us thus far on faith (ph), thou who has by the night led us into the light, keep us forever in thy path we pray