Since most people seem to be focusing on the policy of the BSA and not so much on the legal issue at hand (which from my non-law school perspective seems to be the right thing to do.), I have a few things to say about the specific discrimination that's causing the problem. 1. More than a few people have said that gay men need to be kept away from children because they will want to molest the scouts in their charge. There's no strong link between pedophelia and homosexuality being completely linked. There are a number of pedophiles who go for children of the opposite sex. 2. People seem to think that because someone is gay that they must want to sleep with every single person of their gender. That's a ridiculous notion. It doesn't work that way. It's like saying that since I am a woman and straight that I must want a sexual relationship with every single man that I meet, a ridiculous statement. 3. People seem to be for some form of segregation (straight women for girl scouts and straight men for boy scouts). We follow through with that, but it's not enough. Only women can teach girls and men can teach girls. Soon we're back to the way that things were in the 50s. Strict curfews, no one who is unmarried is allowed to be alone with someone of the opposite gender. Segregation raises serious questions of equality and sets us back decades. 4. There seems to be this notion that being gay (seen as a synonym for promiscuous and pedophile by a fair number) is all that defines someone who is gay. Never mind that a gay man or woman may be a successful business man/woman, a loving brother/sister, someone who volunteers, someone who doesn't see themselves as any one thing.