Kevin Leavitt

Yes, it is a documented fact upheld by the court system that 501(c)(3) organizations are have the ability to "protect" their religious practices and customs. They cannot "discriminate", but they can be have their ideals, beliefs, and practices intact.

That is, the Boy Scouts can be made up of "Boys only". They can exclude Homosexuals, and Atheist.

However, they cannot "Discriminate" against someone because of race, color, or religous preferences. Why? because it is not in their charter and basic doctrine/dogma or what not.

These are private groups that are semi-religous in nature which are protected under the freedom of religion, speech, and expression under the constitution.

You also have the "freedom" to choose not to be apart of such groups and form your own.

Their really is no problems I believe until you start espousing hatred, or projecting harm or bigotry towards other groups. Or you agenda becomes to incite violence, hate, or supression of others...then I believe Ethically, we have a problem and the group should lose their status. I am betting the law backs that up as well.

How do you prove that? Probably difficult in alot of cases.

I think it becomes discrimination if you have not codified your beliefs and you choose to arbitrarily do what you want on an inconsistent basis. I think codification and consistency are what make it NOT discrimination.

Although, you still might personally and ethically believe that the policies are discriminatory such as the BSA not allowing Homosexuals or Atheist. Yup, I agree, but it is still the organizations right to do that according to current law.