I'm wanting minecraft on my new windows 8 laptop but I can't?

But it will not let me unless I download windows 8.1 or unless I have a desktop so I can get java can I do that on my laptop.

I play on my laptop. Java should work on your system. Here try downloading and installing before running Minecraft:
https://www.java.com/.../download/

If you want a free server use: play.tagcraftmc.com

Make sure you are using the desktop version of IE and not the "metro" version as the "metro" version doesn't support any addons (flash/java/silverlight). At least the last time i checked