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... I can think of no Constitutional provision that allows Congress to bestow special status on the Boy Scouts.

Again, today's generations have become so brainwashed by the ACLU that they think everything that gets done in the United States should be done by fiat of the Supreme Court. That's a recipe for oligarchy, not freedom nor a federal republic; and it's directly opposite to the original intent of the Founders who hammered out the Constitution in Philadelphia.

The states and localities are free to pass such laws as will benefit their local communities, and must only set them aside in the event that a successful constitutional challenge is made on the state or federal level. The U.S. Constitution is NOT meant to be a document to micromanage local areas.

I cannot tell from your reply if we agree or not. Acts of Congress telling states and localities that they have to provide special protection, and even equal access, to the Boy Scouts is precisely the type of micromanagement the U.S. Constitution does not provide for. I agree with what you said about ACLU brainwashing and Supreme Court fiat, but that's not at issue here. At issue is Congress potentially overriding a local matter.

Unfortunately, under our constitutional republic (at least as intended), localities are free to make bad decisions. Of course, I despise when people tell me -- very frequently on FR -- "It's the law whether you like it or not," and feel bad I'm forced to strike a similar note here. That's why I stand by what I said earlier about fully privatizing the BSA, freeing them from state benefits and restrictions alike. That would solve a lot of problems, including freeing the BSA from needless litigation.