I think this is a remarkably simple issue that everyone, from our BSA Legal Dept to non-scouting public is making way too complex ... often in an effort to use the issues involved as a forum for their preferences and politics.
No surprise there, eh - welcome to America - land of opportunists - oops ... I mean opportunity ... rofl ...
OK this is simple.
Our constitution states clearly that religious discrimination is not allowed.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,