By Mathew Goldstein
Since the Supreme Court declared that The Boy Scout of America organization is a strictly private organization it follows that BSA can deny or revoke any membership application at any time with no explanation. They can do this for no reason at all, or for any reason at all. This is the way it should be with strictly private organizations. BSA wanted this designation, they fought for it, they got it.
Rob Boston thinks that the law is murky as to whether or not government institutions can own and operate membership based units of such strictly private institutions. Unlike him I am not a lawyer. So I guess I look at this from a simple perspective. My simple perspective is that I do not see government institutions owning and operating church membership groups or any other such strictly private membership group. My simple perspective is that government institutions are prohibited from owning and operating such strictly private membership groups precisely because governments cannot prohibit strictly private organizations from discriminating.
Start with a clear civil rights violation, add sophistry, and the result is murky. BSA is very clear and direct about their membership policy. No atheists, no atheist leaning agnostics. Silly me, I believe there are no gods (on a weight of the overall available evidence basis) and I never consented to surrender any of my civil rights.