Here in Philadelphia the Boy Scouts of America's local chapter 'The Cradle of Liberty' are on trial right now in Federal court. They stand to loose their 1$ a year state building or have to pay rent at $200,000 a year. Philly and our Mayor Nutter don't want to support an organization that discriminates against gays. Plus, our city is broke and could do with the extra revenue. no one had said a word about atheists, in the press they're focusing on the gay issue. If they loose the case I still think it would be a win for atheists. I'm not too confident of a win tho, because I've heard that the Judge sitting the case is an ex-boyscout himself. Still it's up to a jury to decide. Here's some links about the trial.
http://whyy.org/cms/news/government-politics/2010/06/15/philadelphia-vs-boy-scouts-case-opens/40077
http://www.nbcphiladelphia.com/news/local-beat/Phillys-Gay-Community-Ready-for-Boy-Scout-Trial-96368664.html
Quote from: "2nd link"In 2000, the U.S. Supreme Court ruled that the Boy Scouts could exclude gay youth and troop leaders as the group is categorized as a “membership organization.†The city maintains that the local Cradle of Liberty Council’s refusal to openly reject the national scout policy violates the City Charter.
The Scouts were faced with an ultimatum: pay $200,000 a year to lease the building or vacate their 80-year-old headquarters they have occupied rent-free.
Was there any language in the 2000 decision which required municipalities to support this discrimination? If not, even if the immediate judge rules for the BSA, it would clearly be appealable.