In 2000, the Boy Scouts were quite proud of themselves when they won Boy Scouts et. al v. Dale. In that case, the organization proved it had the right to discriminate.
As a private organization, they had the right to exclude gays, atheists and anyone else they wanted. The city of San Diego had a lease with the Boy Scouts that the city council voted to extend.
Representing a lesbian couple and an atheist couple with scouting-age boys, the ACLU sued the Boy Scouts and the city. They claimed they are not a religious group — just a group that preaches “do duty to God.”
According to the Associated Press, a lower court found in favor of the couples who could not place their children in the Scouts and therefore not take advantage of something going on in a city facility.
Today, the Supreme Court, probably mindful of their 10-year-old decision finding that the group has a right to exclude, refused to hear the case.
The Boy Scouts remain booted from San Diego public property.