The scouts are a non-denominational religious organization, with charters.
They enjoy a
501(c)(3) Public charity tax exempt status through the IRS.
To imply they are a secular organization denies there would be any religious affiliation whatever in the Scouts. That is clearly not true.
The oath, if nothing else, should prove that.
Scout Oath (or Promise)
On my honor I will do my best
To do my duty to God and my country
and to obey the Scout Law;
To help other people at all times;
To keep myself physically strong,
mentally awake, and morally straight.
However, if that is not enough there is an old legal decision from 2004:
Boy Scout ruling a triumph of intolerance
By Mark Pulliam
Monday, April 26, 2004
This issue has been argued before. And it's not as cut and dried as some would like to think.
"There is no constitutional right to enter someone else's property, even if it is a business. Just because a business is "open to the public" it does not mean that the federal government may force owners to welcome anyone who wants to be a customer."
Rand Paul is right, Rachel Maddow is wrong: anti-discrimination laws discriminate
I know someone who is a chef at a very exclusive resort owned by a global Corporation. Their discrimination is patent and legal. They are a private entity, with exclusive membership. And there are certain people whom they will not allow to apply for membership, which is afforded only when two members in good standing make membership recommendation and after a vetting of the candidate.
This club is so exclusive that if Obama showed up alone and asked to be seated in their dining hall at any of their global locations, if he wasn't made a guest by any member present, he would not be allowed in.
So it is a false notion that all private entities are forbidden from discrimination. They can and they do. And in America they should be allowed to.
Not everyone should be allowed access to every place just because they think they're entitled. Discrimination laws on a federal level apply to government and employers. Private companies are entitled to discriminate against doing business with the public.
It's why there are signs in some places that state quite forthrightly, we reserve the right to refuse service to anyone.
If someone comes in and disrupts a place of business, they can be tossed out.
To hear some tell it, that person could make a stir and not be refused service simply because that place of business is open to the public.
A bakery in Oregon a few months back cited their refusal to create a wedding cake for a Lesbian wedding. Threats were made, media jumped all over it, and yet authorities did nothing because the owner cited their religious freedom to refuse the service of baking a cake.
That's the beauty of America. The freedom to say yes!
And the freedom to say no!