I know in my state, anything that requires Govt sanction (ie, a business license of any sort) can be argued as being discriminatory, *because* the Govt is involved.
As a private organization (ie, Boy Scouts), discrimination is not illegal nor unconstitutional. However, as soon as Govt comes into it, then it has been argued (though is not an automatic thing) that because your organization exists due to the State's permission, then it can be seen as State-sponsored discrimination, which is a no-no.
Personally, I think it's just an excuse to force your panty-twisting on someone else, and should be slapped down, unless it's actually instituted *by* the Govt.
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