RED EYE - DECEMBER 10, 2013 FULL EPISODE

Greg welcomes guests Gavin McInnes, Dana Perino and Sherrod Small.

Mount Soledad Cross Will Be Purged from Veterans Memorial

After 24 years of litigation, a federal court revealed in an emotional hearing that it has ordered the famous Mount Soledad Cross removed from a veterans memorial, holding it is a violation of the U.S. Constitution.

Since 1913, a cross has stood as the centerpiece of the Mt. Soledad Veterans Memorial in San Diego, surrounded by nearly 3,000 granite plaques, individually honoring war heroes from every American war, from the Revolutionary War to Iraq and Afghanistan.

The structure is a 29-foot Latin cross, which was erected in 1954. For much of this time, it was in a city park in the La Jolla neighborhood of San Diego. Then, in 1989, the ACLU filed a lawsuit, arguing that allowing a cross on government land violates the First Amendment's Establishment Clause. This memorial has been embroiled in litigation ever since.

Judge Larry Alan Burns read the order from the bench in court and appeared to choke up as he ordered the memorial's destruction, observers told Breitbart News. Burns then issued a stay of his decision to give the memorial cross's lawyers time to appeal back to the Ninth Circuit and, if necessary, the U.S. Supreme Court.

Baker Faces Prison for Refusing to Bake Same-Sex Wedding Cake

Jack Phillips is a baker who declined to bake a wedding cake for a same-sex couple because his Christian belief is that marriage exists only between a man and woman. Now a Colorado judge has ordered him to bake cakes for same-sex marriages, and if Phillips refuses, he could go to jail.

Phillips owns a small business, Masterpiece Cakeshop, in Lakewood, Colorado. A homosexual couple - Charlie Craig and David Mullins - visited Phillips's store on July 19, 2012, asking him to bake them a cake to celebrate their wedding. Although the Colorado Constitution defines marriage as between only one man and one woman, these men claimed to have been already married in Massachusetts and wanted to celebrate the wedding in Colorado.

Phillips is an Evangelical Christian who holds to the belief that marriage is between a man and woman. When Phillips bakes a wedding cake, he interprets it as participating in the wedding celebration, and he explained that, therefore, he does not make cakes for gay marriages.

Craig and Mullins complained to the Colorado Civil Rights Commission. On Dec. 6, 2013, an administrative law judge - Robert Spencer - ruled that Masterpiece Cakeshop and Jack Phillips violated Colorado's anti-discrimination law. Spencer ordered Phillips to bake cakes celebrating gay marriage for any other parties that ask for such a cake in the future.

Therefore, Jack Phillips is currently under a court order to bake same-sex wedding cakes if asked to do so. Under a Colorado law in effect in 2012, Phillips could be sent to jail for up to 12 months for his decision. Although that law has been repealed, it is possible that he could still be criminally prosecuted.

Phillips refuses to participate in same-sex wedding celebrations even though he realizes that, both under the now-repealed law, as well as for violating a court order, he could be incarcerated.