even bob jones university. bob jones university banned interracial dating until the year 2000. even the president of bob jones university has spoken out and said south carolina should take down the confederate flag at the capitol. but not this one college president at the college of charleston. which is now perhaps by logistics about, to host 5,000 people for the funeral of reverend and state senator pinckney. president obama will be there in person for that funeral. he will deliver the state senator's eulogy. the first lady will be there. congress has canceled all votes tow members can go to the funeral. the leaders of the federal government basically going to south carolina to pay their respects. as the federal justice department says it will take on this prosecution and as the south carolina state government today for all its intentions to take this flag down sometime in the future, the south carolina state government today made sure that this confederate flag still flew. over the horse drawn carriage that carried senator pinckney's president to the state capitol to lie in st

this comes from the bob jones university which doesn't allow interracial dating back in the reagan administrationse your tax exemption because that's a violation of public pol policy policy. so the question is if a university has religious scruples involving discrimination against gay people, do they get to keep their tax exemption? and the slis ter general was asked that question during the oral arguments. >> what did he say? >> he said good question, i don't know the answer. >> we don't know a lot of things yet. it's just beginning. >> i don't know the answer either. >> jeffrey toobin thank you very much. >>> coming up former fugitive david sweat is now talking, giving details aboutfá his prison escape, where they really wanted to go what plan "a" should have been and why he ditched his friend and fellow escapee richard matt in the woods. >>> next, that unexpected moment during the president's eulogy in charleston, south carolina, friday. stunning the crowd and anyone watching by singing "amazing grace" there. the organist who climbed in alongside joins me after the break. we'll be right back.

going to be used against them if it is in a way that the civil rights laws were used against bob jones university to for example pull their tax exemption. >> and on this breaking news on texas aborks clinics. we can't read too much into what is essentially a temporary step. but it is not i don't think an expected one. your thoughts. >> well the court is opting for the status quo in texas, which is about 16 or so abortion clinics throughout the state remaining open. a fraction of the number that used to be open. and essentially you are right this is a temporary move to keep these clinics open in texas while the court and the court system figures whether to uphold a texas law that would close the number of clinics in texas, take it down to about eight or nine. >> and burt i want to also turn. we have so much to talk about, to lethal injection. justice sotomayor in dissent today, saying under the court's rule it wouldn't matter whether the state intended to use this controversial drug or have petitioners drawn and quartered, slowly tortured to death or actually burned at the steak. >> i would take t

that was called a case known as bob jones university and that is a precedent on people's minds.he situation where it comes to next couples and gay and lesbian rights is not exactly the same. at the time, for instance, in the 1970's there were all kind of civil rights statutes on the book that prohibited discrimination and declared very, very loudly the united states policy was to eradicate discrimination, eradicate segregation. federal law does not treat gays and lesbians the same way. so i don't think this is an immediate concern for these organizations but if public policy and public policy trends continue and congress enacts acts that explicitly connect gays and lesbians from discrimination and more states start doing that maybe down the road their view which was once a majority view will be seen as so contrary to public policy that it no longer can be considered credible. host: grand junction, colorado. you are next. caller: i talked to you, pedro. uruguay, right, pedro? you don't have to answer. the reason i have to ask you is i couldn't tell. the second thing is you were l

that was a case known as bob jones university. that is a precedent that is on people's minds. the situation, where it comes to same-sex couples and gay and lesbian rights is not exactly the same. in the 1970's there were all kinds of civil rights statutes on the books that prohibiting dissemination and declared loudly that the policy was to eradicate discrimination, segregation. a federal law does not treat gays and lesbians the same way. i do not think this is an immediate concern for these organizations, but it, policy and public opinion trends continue, if congress enacts statutes that is specifically protect gays and lesbians from discrimination, if more states start doing that, maybe down the road, where their view that was once a majority view will be seen so contrary to public policy it can no longer be considered charitable. host: grand junction, colorado. i have talked to you before. you are gay right, pedro? you do not have to answer. you were looking from a crowd of people from above. you can tell who is black, you cannot tell who is gay. the other thing i was think